Suit of specific performance
123456
(Querist) 28 June 2016
This query is : Resolved
Dear Sir, My mother gifted me some agricultural land based through registered gift deeds in last few years. My brother challenged them last year by bringing an unregistered sale deed.
The unregistered sale deed was dated in 1991. It claims that my brother has given loan to my parents, in turn my mother sold him all her agricultural property. The agricultural property had life interest of my grand mother ( mother's mother) till the time of her death in 1999. He claims that he has asked my mother to register the property to his name, but she postponed it and he did not take legal action due to parental relationship. And now as she executed sale deeds, he was forced to file suit of specific performance.
Neither my mother nor me were aware of this sale deed. We are 100% sure that it was forged somehow.
Please advise us how to approach this case.
1.What is the limitation period of this document?
2.What is the basis for his argument and how are we supposed to challenge it.
I am typing translated copy of the unregistered sale agreement and notice served to us for reference.
I am daughter to my mother, the land is located in Andhra pradesh.
Please advise.
123456
(Querist) 28 June 2016
This sale agreement was written on a 5 rupees stamp paper purchased on 26/4/91 by some unknown person for the mother. This was produced by Son to challenged registered gift deeds.
Sale agreement document
One this day, 2-5-1991, written on behest of Mother.
Written for the son.
I, my husband have 4 children. One son and three daughters. All their marriages were done by 1989. Our eldest daughter was married in 1981 and he was given her share in form of cash. My husband, son and my two other daughters got their share in the ancestral property of my husband through a partition document on 25-06-1989. After you sold 2/3rd of the share of your property and adding your own earnings, you gave me Rs 4,00,000 to perform the marriages of our daughters and manage family expenses and clear debts. Hence in return I agree to sell to you, the properties I received from my father and aunt through will deeds.
I have received the properties in the below schedule through will deeds. I and my legal heirs are responsible for the conditions of this document.
Schedule of Properties and documents.
In the Above mentioned schedule I received the properties through will from my father and through will from my aunt. As My mother has life interest on these properties, I agree to registered the entire properties mentioned in the schedule whenever you ask after her death.
Two witnesses.
And signature of the mother.
123456
(Querist) 28 June 2016
Notice dated 06.08.2015 sent by the lawyer of the son.
My client ( Not naming due to fear of complications) resident of certain location has instructed us to issue legal notice as under.
My client’s parents have one son and three daughters. All their marriages were performed by 1989 May. In family partition/ arrangement affected on 25.06.1989 my client got his share of agricultural land along with his sisters and father. Out of the said lands, my client sold some land and handed over sale proceeds of about 2,00,000 and ready cash of Rs 2,00,000 to his parents , in order to meet the family debts incurred for the marriages of sisters and also to meet the pressing family needs.
Since, my client sold his substantial property, which he got in the family partition for the purpose of family, my client was assured and promised by the Address No 1 ( Mother) that he would be re-imbersed by transferring her agricultural lands. Bearing so and so numbers situated in so and so location., in presence of all family members. She got the lands through a will from her father and from her Aunt.
In the background of the said understanding, on 02.05.1991, the address No. 1 ( mother) executed sale agreement to transfer the lands bearing numbers, situated in location in favor of my client, in consideration of Rs 4,00,000/-, which had been received by the address No. 1 ( mother) in aforestated manner. She has agreed to transfer the lands by executing appropriate sale deeds in favor of my client, as and when he wants, after the demise of life interest holders over the said lands. ( it is be noted here that the property was being held but the mother of Address No 1 ( mother), hence she does not have any right to sell it as long as her mother was alive. Her mother passed away in 1999).
As matter stood thus, my client went to USA in year 2002 for employment and since then, he was in USA with his family. Whenever my client was visiting India, he was requesting the address no 1 ( mother) to execute the registered sale deeds in respect of the aforesaid lands, but she deferred the same to future date, in view of the parental relationship, my client did not choose to insist upon his mother to execute the sale deed.
My client performed the married of his daughter at a location in 2015. The address No 1 and all his sisters graced the marriage.
After the date of marriage, my client to his shock and surprise, learnt that Address No .1 Gifted her property to one of her daughter through 2 sale deeds dated in 2014 and in 2015. My client states that his sister obtained regd gift settlement deeds from Address No 1 with full knowledge of existence of the prior sale agreement Dt. 02.05.1991 in favor of my client. Obviously, the said regd gift settlement deeds dearing dates and co numbers, were brought into existence with a malifide intention to frustrate the sale agreement Dt 02.05.1991. Therefore my clients sister is bound by the sale agreement executed by Address No 1 ( mother) in respect of aforesaid lands. My client states that his sister is not a bonafide transferee of lands, much less for value. The transfer of lands effected under the Gift settlements deeds in favor of my client’s sister are gratuitous. The address No.1 and my client’s sister are under legal obligation to transfer the lands in favor of my client by executing appropriate regd sale deed.
My client states that he was always ready and willing to perform his part of the contract under the agreement dt 02.05.1991.
Therefore my client hereby calls upon the address No 1 ( mother) and his sister, joining together, to transfer all the agricultural lands bearing numbers at location in favor of my client by executing appropriate regd. Sale deed/conveyance deed, with a period of 10 days from the date of receipt of this notice , failing which, my client would be constrained to take recourse to law for specific performance of the agreement, at your own costs and responsibility.
He Filed a suit for Specific performance in October 2015.
R.K Nanda
(Expert) 28 June 2016
Query too long.
123456
(Querist) 28 June 2016
Dear Sir, My brother is challenging a gift deed which was given to me by my mother using a Sale agreement from 1991.
None of my family members have the knowledge of any existence of such sale agreement between my mother and brother.
I type two long messages to the main query.
1.Sale Agreement
2.Notice.
Please advise what is the Limitation period in this case and how to approach.
Kumar Doab
(Expert) 28 June 2016
Experts may make note of other thread by the author/querist at:
http://www.lawyersclubindia.com/experts/Unregistered-sale-agreement-605361.asp
and
Experts decision in another thread at;
http://www.lawyersclubindia.com/experts/Probate-of-Will-604116.asp
Kumar Doab
(Expert) 28 June 2016
Mr. Bharat,
Probably you have missed to recall the conduct of the author in other thread at;
http://www.lawyersclubindia.com/experts/Unregistered-sale-agreement-605361.asp
and the unanimous decision of experts at;
http://www.lawyersclubindia.com/experts/Probate-of-Will-604116.asp
R.K Nanda
(Expert) 28 June 2016
Repeated query.
T. Kalaiselvan, Advocate
(Expert) 28 June 2016
The author do not deserve an expert's opinion here owing to her rude and recalcitrant behavior in another thread against some of our beloved experts. She has repeated the same query in another title and behaved arrogantly with her reply hence I refrain from posting my opinion and advise to this author.
Sudhir Kumar, Advocate
(Expert) 29 June 2016
I could have added some inputs to help the querist.
But rude behaviour with experts while seeking free advise is retaining me.
SAINATH DEVALLA
(Expert) 29 June 2016
Hey Mr 123456789
Are U here to solicit a solution for UR query or demanding it.
For UR kind information anonymous queries are skipped because they are either vague or academic in nature.I presume UR later replies to the other legal experts suggest that U belong to one of them.
Hence better learn decency and decorum while relying to the legal experts,who are here to help only the needy but not UR paid servants.
Rajendra K Goyal
(Expert) 29 June 2016
No reply due to previous remarks from author.
RAVI K GOUD
(Expert) 30 June 2016
It is an Appeal to all the Queries-ts that they have to be patient for getting their threads answered from the experts.
Basically they should understand that experts are not paid servants to them and not in obligation to answer but rendering their services for a needy and for a social cause. If the experts are offended then they refrain from the forums then its a loss to the needy by loosing the free facility of legal service. So all the authors have to bear in mind while posting and replying.
So I support our incredible expert Mr. Kumar Doab and in turn condemn the attitude and arrogance of the author in other thread of Unregistered Sale deed, till the author feels & replies with a sorry. This comment is warranted though we understand the mental status of the needy when they involved in the legal issues and tussles.
