Agreement copy - how to get from buyer
Mohandoss.R.
(Querist) 11 August 2011
This query is : Resolved
Sir, Gift Deed was cancelled within 8 months and Donor went to court to cancel the Gift. When it was pending in court, Agreement for One piece of Gifted property was signed and Sale Deed for another was registered by Donee. The worth of sold piece was 65000 in 1979 but Buyer cheated 21 year-Lady-Donee by fixing it at 10000 but paid only 5000. Annoyed at this, she gave back the gifted properties in the court. Buyer went to court stating that he was not aware of pending litigation & therefore innocent when he bought. Court believed it and decided in his favour. But, the unregd-Agreement bears the fact of then pending court cases. ONLY When we tried to sell the property in 2005, Buyer came out with a Public Notice that there is an Agreement signed in 1979, meaning that it is still valid even after 26 years and therefore, it can not be bought by anyone-else except he. Despite Lawyer Notice,personal letters, he keeps mum without giving a copy of the Agreement. We want it. If we fear to go to court, as he may say 'it is not now available'. Kindly advise as to how to get the copy or make him produce it in a court. Thanks a LOT Sirs.
ajay sethi
(Expert) 11 August 2011
if inspite of leagl notice buyer has failed to produce copy of agreement you will have to move court . enegae a local lawyer
Raj Kumar Makkad
(Expert) 11 August 2011
Neither such alleged agreement has any relevance nor it is produced despite of demands so it cannot be relied upon and things without the alleged notice be moved forward.
Raj Kumar Makkad
(Expert) 11 August 2011
Neither such alleged agreement has any relevance nor it is produced despite of demands so it cannot be relied upon and things without the alleged notice be moved forward.
Mohandoss.R.
(Querist) 12 August 2011
Sirs, Million THANKS for your (both) advise.Believing his innocence of pending court cases, court has decided the 'sale of a shop' in his favour, whereas the 'Agreement for House site' bears the proof of his knowledge about then pending court cases. So, only with 'Agreement for House site', we can disprove his claim and get back the shop, since he bought the shop with ulterior motives. Since he did not get the decision of under HRCOP though he filed a case for eviction of tenant, the Appeal court has decided that "Buyer owns the title of the shop and Seller need not give its possession to Buyer". All these took 32 years. So, both shop & house-site are held up and we want to sell both, since 2nd appeal lies in HC. Kindly advise, Sir. Thanks a LOT in advance.
Advocate. Arunagiri
(Expert) 12 August 2011
When the case is pending the transfer of property is illegal (lis pendens).
It seems that you have too many litigation on the same property.
I can give a suitable opinion only seeing the documents.
mathivanan
(Expert) 13 August 2011
in civil cases it is good to look after entire documents and give opinion. You better consult an advocate in your locality or Mr.Arunagiri with all the available papers. As for as the agreement executed prior to 26 years is concerned, it has no legal entity, as it is barred by limitation. There is no means to ask for copy of the unregistered sale agreement except giving a legal notice. If he fails to give a copy in spite of legal notice, give a police complaint as if he hurdles undue threats on you without any material documents and creating nuisense.Then the agreement,if at all there, will come out.
