Hello,
My grandfather organised a society in the year 1984. he died in 2006.
few years back everything which he owes got transferred in favor of my mom and maternal uncle including the society and we also got their names in 7/12 extract. which means whichever plot is remaining empty in the society now belongs to them.
ISSUE: we checked in 7/12 extracts and in city survey which shows one plot is empty (plot no.10).
One society person told that sale deed was never executed for plot 10. only sale agreement was executed with Mr. XYZ.( right now residing in USA) whereby MR. XYZ has paid Rs. 15,000 as token amount and another 20,000 was unpaid.
Another society person (who is friend of Mr. XYZ) told that sale deed is executed and plot belongs to Mr. XYZ.
we also came to know that son of Mr. XYZ came India 2 times last year to sell off the plot but he was unable to.
so i called to son of Mr. XYZ to show me his deed but he refused to show me and he told me that my grandfather took a loan due to which he was unable to sell his plot.
I contacted bank and they told me that loan was taken by my grandfather in 1985 but he was unavailable for many years so they found his property (i.e the society) and imposed their lien in year 2006.
right now the plot is unoccupied. there is no boundary wall, unwanted plants are grown on the plot, even the neighboring house has made a window which opens in that plot. its been 30 years so we are confused whether that plot belongs to us or someone else. we don't want to do anything illegal.
Questions:
1. Is there any way to check whether deed is executed or not?
supposed person is not ready to show the deed. and we are in need of money so we cant pay my grandfather's loan to check.
2. what if no deed is executed and only agreement is executed?
can we say no to sell then. as property rates right now are too high. and 20,000 will be very nominal figure.
Thanks in anticipation.
