Agreement for Sale
fernandezyaho
(Querist) 27 February 2011
This query is : Open
Purchased property under "A" survey no by 5 people (1, 2, 3, 4 & 5). Another Property under "B" survey was purchased by (1, 2 & 6). a tenanted land. No 1- sold his share from Property "A" to No. 2, 3 and 4. And whereas No 1 sold his share of property "B" his 1/3rd share exclusively to person No.4. In the agreement it is clearly mentioned that No.1 received total amount being the full and final settlement of his share in survey no "B". And whereas he received part payment at the time of agreement for sale for survey no "A" from No 2, 3 and 4 person. This agreement for sale was executed before notary and it was mentioned in the agreement that the possession is given and that the Person No.1 will come to sign any documents pertaining to the development purpose. Based on this in order to escape open space due to lot of court settlement area lost to the tenant. Therefor area was partitioned with meets and bounds. Both the survey no were partitioned. Including the development of roads was done by No.4 , all expenses for development etc, was borne by no. 4 even partitioning of the property "A" n "B", the original partition deed of A n B is wid No. 4. I was paying him on behalf of me and 2 and 3. No 5 was given his share. We made payment by cash and by bearer cheque , amounting to 50 percent of the total amount and the balance 50% amount was paid upon his signature on sale deed executed , out of 4 sale deeds. So into saledeeds his other 50% was paid. making it amount cash received 50% and amount received vide sale deed. Once he got his amount, he executed a power of Attorney in the name of Person No. 4 only for the his share in plot B. The two notarised copies of the power of attorney was given to person No. 4 . The original was retained by person No. 1 . We have agreement for sale, we have receipt on revenue stamp with his signature, 50% amount received by him, The person No. 1 dies leaving few more plots on his name. After all the account was taken by the heirs of No. 1 and after giving all the documents wid them in the year 2001 , that the agreement for sale, the receipts, the power of attorney is forged. Although power of attorney and agreement for sale are notaried and receipts are signed by him on the revenue stamp in the year 2000-2001. When they came to know that there was another few plots left on person No. 1 , The heirs of No 1 started dodging saying that they will transfer when they (heirs meet alltogether)and finally one of the heir told me to leave(give them) the remaining plots to them, if not then I will file a suit. ulitimately the heir told me in 2007 that he is filing a suit. To that I agreed and in 2008 they filed a suit giving reason that in 2007 jus before filing the suit they saw that one house is built and the entries in form 1 and x1v is of diffrnt person. Entries on from 1 and xiv is already in the year 2001 and the other entries and two houses are built before 2007 having housetax and electric connection. After this they tried to sell the remaining plots which were on No. 1's name by deed of partition. Which was executed because of development. What is my stand in this case.. as they r saying that every thing is forged. Please suggest what i have to do, and wher i stand..
