what is definition of time was not assence
hasan
(Querist) 05 May 2015
This query is : Resolved
Dear sir
In which situation time was not assence? We have executed unregistered sale deed in year 2010 and after three months a purchaser has to pay full payment. But a purchaser failed to do so. And he has submitted a suit for specific performance in year 2012 so unregistered sale deed is permissible for specific performance suit in the court. Purchaser was not present while we have made this sale deed his agent has singed behalf of him agent has write purchaser name as a sign so can I do F I R for his agent its more then five years has been finished. Reply plz.
DR.VEDULA GOPINATH
(Expert) 06 May 2015
sir
Please send me documents to advise you further.
If agent has signed as if he is purchaser without menioning that he is p.a. holder, it is a clear case of forgery and thus document is not valid.
Law of limitation also calls for action before three years.
dr vedula gopinath
Dr J C Vashista
(Expert) 06 May 2015
Unregistered Sale Deed is not a legal document, which require (compulsory) registration, if it is used in evidence it has to be impounded.
It is not compulsory/mandatory for the vendee (purchaser) to be physically present.
Show the document to a local lawyer for his/her professional advise, guidance and proceeding.
Rajendra K Goyal
(Expert) 06 May 2015
Whether it was a unregistered sale deed or sale agreement? What was the language or how much stamp duty was paid? Unregistered sale deed is invalid.
Consult local lawyer and show him all the documents.
ajay sethi
(Expert) 06 May 2015
it is necessary to peruse papers to advice
hasan
(Querist) 06 May 2015
Dear sirs
I am defending this suit since three years by a local pleader. I found forgery in this case....1. In the sale deed agent has signed in place of vandee 2. Vandee has tried to for lis pendency. In this documents vandee has signed. Both are different. Duting the execution of sale deed I have asked to agent where is vandee he told me I have authority to purchase this land and vandee does not need to be present for sign b coz this our simple agreement. And agent has gave us Rs. 101001/- and committed for full payment after three months but after three months they have started to misguided as I have asked for further payment more time. After all I must told him your token amt. Is forfeited now then vandee has submitted suit for specific performance on ex5. When we have executed sale deed I was present and I have watched that a agent is sined in place of vandee namly of vandee. Now if I will go to F I R then police inspector can ask me that why u did not have objected on execution time. Any queries will be raisable on me.
Plz guide
bsrao
(Expert) 06 May 2015
True. You accepted the agent signing on behalf of the Vendee and any of your claim now will be estopped. If the agent, Vendee and witnesses say the Vendee signed the agreement, then it is so. Any effort in that direction would point out that you had nefarious designs from the start to cheat them. What is the legal problem here? Do you want to avoid your obligation under the agreement for sale?
hasan
(Querist) 06 May 2015
Yeah, I do not want sale my agri. Land now because I would have to sold a shop and another farm and fulfilled our need. plz tell what will happen if I go to F I R for forged sign mr. Agent has done in place of vandee? I must have take this step because we also tried for comprise with vandee but a vandee is a high court pleader so he is always trying to give us tide. I am agree to give back his token amt. With 12% interest but he want 2 acer land or a 40 lakhs for comprise. And also he talked rubbish. So I want to go for FIR but I am afraid for any reaction. Plz give advice what should I have to do?
Thanx
hasan
(Querist) 06 May 2015
B s rao sir plz reply
T. Kalaiselvan, Advocate
(Expert) 07 May 2015
You have repeated the same query in some other form for taking action against the advocate who happens to be the buyer. You should understand one thing that you did not want to utilise the opportunity to lodge a complaint with the police when the offence occurred. You kept quite that with some other inner intention. You could have refunded the advance amount received at that time itself when the purchaser was ready to accept it. Now since the litigation is paining, you are designing new plans of filing criminal complaint etc. Your evil designs will be detected by police and will backfire to harm you more, instead, since the case is having strong merits in your side, because the unregistered sale deed cannot be considered as valid, better challenge the case till the end.
Dont repeat the same query n another thread once again, you will not get any reply for that.
