case against the property

Amal (Querist) 27 November 2015 This query is : Resolved
Sir,
My father had borrowed 2 lakh rupees from Mr.X.To reduce the risk of Mr.X he compelled my father to make a sale agreement of the property for met the future problems. My father signed in the 50 rupees stamp paper for sale agreement. The details of sale agreement are as follows.
Fixed rate of land for sale - 6 lakh
Amount paid as advance. - 5.5 lakh
Balanced amount 50000 rupees will be paid at the time of registration.
Details of land (which is not exactly correct)

My father had died 6 months before and he filed a case against my mother and to my 2brothers and to me. For repayment of money. The details are as follows.
1) He bounced a cheque of my father which costs 5.5 lakh. It was bounced one year before.
2)made attachment to the property.

What should we do? And is their any chance to cancel the Court attachment? Validity of bounced cheque? I hope a supportive response.

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P. Venu (Expert) 28 November 2015
Please furnish the particulars of the case filed.

Amal (Querist) 28 November 2015
1)original copy of sale agreement.
2)cheque issued by my father.
3)memo from the bank which shows the bouncing of cheque.
4)notice given to us by lawyer before filing the case in Court.
5)reply letter given by us to lawyer, denying the claim.

Guest (Expert) 28 November 2015
Sorry to Say you are in Real Problem Now.If the Lender is your Father's friend try to sort it out amicably Or you should go for a Legal Battle with the help of Local Good competent Lawyer.An Un registered Sale Agreement is Normally Said it has No Legal Value But Many Suits for Specific Performance are Filed basing on Un Registered Sale Agreements.Better Hold the Possession Strongly till the Litigation is Over.

Amal (Querist) 28 November 2015
We found that the signature in the agreement is not exactly like my father's signature. Is their any chance through it?

Guest (Expert) 28 November 2015
All this you could Discuss with your Local Good advocate

Rajendra K Goyal (Expert) 28 November 2015
You have to discuss in detail with your lawyer who is well aware of the case file.

Unregistered sale agreement is considered valid in some states.