Cheating
J. Raj george
(Querist) 26 May 2015
This query is : Resolved
A man got a sale deed by undue influence from my mother. She immediately sent a lawyer notice that you got sale deed by fraud instead of Mortgage deed.The impugned buyer then influenced our lawyer by money and threatened my mother and again obtained another agreement to the effect that he need not reply the Notice and the deed previuosly executed is sale deed only and that I gave the notice out of some oral dispute.
Now The case has been filed.
Now I want to know whether
1. the subsequent agreement is valid and
2. the previous sale deed is vaild without the subsequent agreement.
3. In the case of Karnailsigh & Others Vs. Dalip Kaur & ors -Punjab And Haryana high Court in 1995 ( Lawmirror/File No. 8198 )
it has been held "'whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the persion taking advantage under the transaction to show that the transaction was entered into was free from fraud,undueinfluence and to such agreement the party had freely consented after understanding the implication." - CPC,Order 23 Rule 3-A,sec 101 of Evidence Act. Hence whether the above case law is applicable to the above agreement in our favour
4. Whether the above agreement is a compromise agreement under Civil Proceedure code.
Whether the agreement is nullified the sale deed is also automatically void.
Please clarify me sir for further proceedings.
Jeetender Gupta
(Expert) 27 May 2015
Without seeing documents it is difficult to comment. Normally in CPC one has to file a compromise under Order 23 Rule 3 to make it binding. If that has been filed in court it is not easy to get away with it.
Dr J C Vashista
(Expert) 27 May 2015
1.what case has been filed? Who has filed?
2. Your statement is contradictory and confusing in itself where on the one hand you say that "...got sale deed by fraud instead of mortgage deed.." and sent a lawyer's notice on the other hand stating "...again obtained another agreement.."
J. Raj george
(Querist) 27 May 2015
Sir,
My mother has filed case.The buyer has produced the sale deed and agreement in court he got succeeded. Now the case is in appeal.
T. Kalaiselvan, Advocate
(Expert) 01 June 2015
Since the matter is in appeal, wait for the appeal to be disposed, or consult a local lawyer there than your own for a second opinion based on the case details narrated to him/her.
J. Raj george
(Querist) 01 June 2015
layers here are not well so only I come to this cite .why this cite. Do not I know there are layers. If all querries are to be dealt with local laywers then Why this cite sir,
