False claim
swati rana
(Querist) 03 May 2016
This query is : Resolved
Hello Sir,
My dad has purchased land in 2005 on my mother's name from a person name Rakesh Ranjan. Last year, when my dad visited the property there was a construction of house going on, it was found that some part of the land was sold to two people by Rakesh Ranjan without informing my dad. We were in the process of settlement with other two people who has purchased some part of our land. But recently we received a notice from Rakesh Ranjan intimating that he has filed a suit against my mother making a false claim that my dad has not made the full payment of the land, and has demanded a cancellation of sale-deed in favor of my dad.
The problem is my dad has made a full payment in cash. we do not have any proof. But in the agreement paper it is mentioned that we do not have any amount pending to be paid.
I request you to guide me further on the said matter. What we should do?
Kappil Cchandna
(Expert) 03 May 2016
Sir,
Wasn't the sale deed registered when the property was bought? What were the contents of the sale deed ?
Warm Regards
Kapil Chandna Advocate
9899011450
https://kapilchandnaadvocate.wordpress.com/
P. Venu 
(Expert) 04 May 2016
Since he has filed the suit, it is for him to prove.
However, the question is whether the transaction had been completed through a registered deed or it is just an agreement?
swati rana
(Querist) 04 May 2016
Kapil Sir,
The sale deed is registered and we are paying the land tax as well for last 10 years. If you provide me your email id, I'll mail you the agreement paper as well as the suit notice received.
Rajendra K Goyal
(Expert) 04 May 2016
You have to engage a senior lawyer and prove his claim as false. Show all documents to your lawyer to draw proper line of action.
malipeddi jaggarao
(Expert) 04 May 2016
You have to defend the case on merits and documentary evidence. Mention of no dues in the agreement is a good piece of evidence.
swati rana
(Querist) 05 May 2016
Below is the suit filed against us (Sandhya Devi Rana)) and let me know how should I go further.
Rakesh Ranjan (Plaintiff)
Versus
1) Arun Kumar
2) Rupendra Kumar Jain
3) Sandhya Devi Rana
The plaintiff above named begs to state as follows:
1) That the plaintiff along with defendant no.1 and 2 were appointed Attorney holder for a piece of land describe in schedule A which is described below and be treated as apart of th plaint.
2) The plaintiff and the defendant no1 and 2 were appointed attorney holder by Gurupado Sen, Arun Chandra Sen, Nakul Sen, Shyama Pado Sen, Uma Pado Sen, Shanto Pado Sen and Arun Kumar Nandi. The above seven persons were the owner and tittle holder of the suit land. It is significant to state here that Arun Kumar Nandi has appointed the plaintiff his Attorney holder on 11.07.1994 vide Deed no- 48 for the purpose of managing, looking after, taking care and to do all acts including sell of the schedule A land to purchaser as and when required.
3) That in view of the above fact the defendant no 3 approached the plaintiff and showed her laguness to purchase the schedule A land.
4) That accordingly after negotiation the price of schedule A and was fixed at rupees 8, 12,000.
5) That accordingly the defendant no 3 paid rupees 5 lacs to the defendant no. 1 and 2 and rest amount of rs 3, 12,000 the defendant no 3 agreed and undertook to pay to the plaintiff within a year whereafter she would take possession of the suit land.
6) The pursuant to the said part payment and undertaking given by the defendant no 3 to the plaintiff and to the defendant no 1 and 2 executed a sale-deed in favour of the defendant no 3 on 21 12 2005 before the sub registrar office at hazaribag.
7) That as per the undertaking given by the defendant no 3 the possession of the suit land was not given to the defendant no 3 as she had not made the payment of balance consideration amount to the plaintiff.
8) That thereafter the defendant no 3 on one pretext or the other deferred payment of balance amount to the plaintiff on one false and frivolous ground or the other.
9) That as the defendant 3 was not given possession of the schedule A land she started pressuring the plaintiff to hand over the possession of the suit land. To pressurize plaintiff the defendant no 3 instituted a false case against two persons of the plaintiff when they protested over fusible construction over the suit land on 21 07 2015. this necessitated the plaintiff to file the present suit for cancellation of the sale-deed dated 21 12 2005 before this learned court.
10) That cause of action for the present suit arose on 21 07 2015 when the defendant no 3 instituted a false case against the persons of the plaintiff and day to day thereafter till the filing of the case.
11) That the suit valued at 8,12,000 but as the suit land is in possession of the plaintiff hence the plaintiff is paying fixed court fees of rs 250 over the same and rs 100 for injunction for the jurisdiction of this learned court.
12) That the plaintiff prays for the following relief:
a- That by pronouncement of the judgment and decree the sale-deed 21 12 2005 bearing n- 18608 as null and void not effective and binding upon the parties.
b- That by pronouncement of judgment and decree the tittle and possession of the schedule A be declared in favour of the plaintiff
c- That during the pendency of the suit if the plaintiff is found to be dispossessed from the suit land the same be delivered to the plaintiff through the process of the court.
d- That cost of the suit be declared in favour of the plaintiff.
e- Any other relief or reliefs that your honour deem fit and proper be awarded in favour of plaintiff
Ajay Bansal
(Expert) 08 May 2016
Not to be worried. Engage any good lawyer, who will contest this case on your behalf. Hopefully this suit will be dismissed.
NANDKUMAR B SAWANT
(Expert) 08 May 2016
Kindly note that. 1. That a civil suit is filed by other side against your family for cancelling said sale deed.2 you may appear in said civil suit to oppose said suit through your advocate.3 submit all supporting documents and also file detailed written statement with affidavit.4 also publish a legal notice in news papers mentioning your right in said property and no one else should enter in to any transaction with any one regarding ownership of suit property mentioning suit no. .good luck.n.b.sawant.advocate high court
NANDKUMAR B SAWANT
(Expert) 08 May 2016
Kindly note that. 1. That a civil suit is filed by other side against your family for cancelling said sale deed.2 you may appear in said civil suit to oppose said suit through your advocate.3 submit all supporting documents and also file detailed written statement with affidavit.4 also publish a legal notice in news papers mentioning your right in said property and no one else should enter in to any transaction with any one regarding ownership of suit property mentioning suit no. .good luck.n.b.sawant.advocate high court
swati rana
(Querist) 10 May 2016
Thank you all for your valuable comments. But wanted to know can the plaintiff be punished for making such false claim and defaming the reputation of my dad?
