property dispute

virendra singh (Querist) 27 February 2010 This query is : Resolved
Need your esteemed suggestions on my undermentioned property dispute.

my grandfather purchased a piece of land in 1980. before 10 months of his purchasing.. one another person gave token money for the same piece of land and draft an agreement stating that he will give rest of the money and make the registry of the land within 7 days of the agreement. but he failed to do so. my grand father after 10 months of that agreement and made the registry of that property, we are also having the possession of that land. before 2 years that person filed a case against the seller, which he won 1 sidely..becouse the seller didnot present in the court. now we filed a case against both the parties ie. seller and another person claiming for that land.

will you please help me out in this matter...that what should i do to save my property.

waiting for your esteemed replies.

thanks & regards

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B K Raghavendra Rao (Expert) 27 February 2010
The 'one another person' who made agreement of sale would not have any right in the property. He did not pay the entire amount of the sale consideration amount and therefore sale transaction did not materialise for him. Your grandfather paid the entire sale consideration amount and got the sale deed registered in his name. This sale deed is legally valid. By succession, the property flows to his successors down the lane and presuming that you are the only living successor to your grandfather, your title over the property cannot be shaken by the seller who has sold the property and by the 'another person' who has never purchased the property from the seller.

Mentioning all these facts in your plaint and producing relevant documents before the court would be sufficient for you to win the case and retain the property.