My father was a hindu had a ancestoral property in Tamil Nadu and he sold it long time back in 1980s and brought a land in bangalore and invested some money from his earnings and constructed a house in bangalore. But my father died on 18th August, 2017 at the age of 95 years before his death he has made an agreement with his neighbour to sell property to them for Rs 3 crores. This agreement was not told to me or to my brother and we did not had any information on this. But after my father's death I went to revenue office at that time we came to know about this deal through the Encumbrance certificate. Know the neighbour is asking to transfer the khata to his name and lawyer Notice was served by him to us. Telling us that he made a advance payment of 1cr in multiple times amounts some through cheque and some through cash.
Know me and my brother want to make joint khata and hold the possession of land in our names.
1.My question is since encumbrance certificate is showing the name of neighbour. How to transfer the khata in our joint names
2. Can we sell the property to other third party becoz neighbour and my father has cheated us and not informed about the
DEAL
WHAT IS THE SOLUTION FOR THIS PROBLEM?
As per your query your father already sold the property to your neighbors through agreement of sale, firstly you have to find out whether it is agreement of sale or agreement of sale with possession. Secondly you have to observe whether it is registered agreement or not. Thirdly you have to see whether the Signatures belongs to your deceased father or not.
If the agreement is True :- It is your duty to get it registered by taking balance money from the agreement holder, since your father was executed the agreement when he was alive, he took the advance money from the party. Some interest is created on the agreement holder by taking advance money by your father on agreement holder. It is my advise you complete the transaction by taking the balance money. Even if your father is alive till now, he would do the same
If the agreement is False:- If you find that the agreement was not executed by your deceased father, if the said agreement is forgery, take immediate Criminal Action against your neighbors for cheating and forgery.
THE ROCKING LAWYER
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
