violation of agreement

krishna (Querist) 16 January 2011 This query is : Resolved
my mother and brother has 10 cent of land , uncle has bought up the land in the name of his wife and agreement was made at the time of registered of the property that he or she will give the amount in 3yrs at 2003 otherwise u can take action on the land he has now build a house on that property and now yet in 2010 he has not given the amount mentioned in the agreement ie 3 lacs agreement being signed by him and the property is being registerd to his wife name so i must know whether i can sue case against them for the amount and its interest up to here in 2010 , can i have a injection on that property,

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adv. rajeev ( rajoo ) (Expert) 16 January 2011
you will have to file a suit for recovery of money, in that suit you can file an application u/s 39 r 1 & 2 as not to alienate the property or you can file an application for attachment before judgement.

Devajyoti Barman (Expert) 16 January 2011
After 7 years your recourse to recovery of money seems to be time barred but you can enforce your right on the suit property by way of suit for declaration and injunction.

Kirti Kar Tripathi (Expert) 16 January 2011
I agree with Devajyoti. I want to know whether after 2007, you uncle has acknowledged the amount is still due. if it so, you can claim. otherwise you have only option to file suit for declaration and injunction.