fraud sale deal of shop/plot

I has purchased a shop plot from a Business man. but after some time I came to know that the plot I had purchased is a dispute one. The plot belong to irregation Dept/Govt. I contacted the seller and he has returned about 50 % money which i had paid to him. Still 50 %of the money is retained by him.

Please suggest me what kind of legal action can be taken against the seller so that he return the balance money to me ?

Willll??

Is it necessary to Probate the Registered Will in Court In india?



Or are there any other way That we can sell The land widout Probate???


I Stay in Rajasthan.

seller is not executing sale deed of a plot

I purchased a plot and paid 50% amount to owner in jan. 09 he made a issar chithi (Bayana agreement) on Rs. 100 stamp paper, duly signed with 2 witnesses. wherein he mentioned that rest amount has to be paid on or before 13/7/09 and sale deed to be done. I phoned him up on 7/7/09 asking him to execute the sale deed as i was ready to pay the rest amount but he said wait for 15-20 days because he said he was not owner of the plots he was mediator/ broker or some thing. this plot was part of a lay out owned by 4 partners who had asked them to sell the plots and orally authorised him to accept bayana money from purchasers . I sent him a letter on 7/7/09 by courier requesting him to execute sale deed , again on 11/8/09 and on 16/09/09 i sent him letters through couriers but no reply on 24/10/09 i sent him regd. a/d letter warning him either execute sale deed or refund my money within 7 days he phoned me up and again told me to wait for few days and also he changed the last date of sale deed from 13/7/09 to 13/2/10 by his handwriting and signed there on original stamp paper which I am having . but the xerox copy which is with him is still showing last date for sale deed is 13/7/09 . I waited for few days then I sent him a notice through my lawyer on 10/12/09 by regd A/D giving him 7 days time to execute sale deed otherwise civil and criminal case will be filed. He has not yer replid to that notice what should i do? Should I wait till 13/2/10 or before that I can file criminal or civil case against him few days back he met on road and repeated same thing that wait for few days we will execute sale deed mean time i approached one of the 4 owners of the plts he said that your plot is reserved for you we have not sold to any body else but he told me to sort out the matter with that broker . pl. advise me my e mail add. rameshgajwani@rediff.com

mortgage & transfer of property confusion

I have purchased a property( land ) with the finance from a bank after varifing all the documents & search report .few months later a relative of old owner filed a suite of T.I.against me stating that a partition suit including this property is pending in lower court since 1998 & he also has share in this property.
he asked the court 1) to decleare this sale deed ab initio void
2) not to demolish old construction & not to allow new one
3) not to transfer this property .

After varyfying all the documents, court has said that, there is no primafacee evidence showing plaintiffs share in this property .also just because the partition which took place in 1992 was oral partition,other entries in the govt record should not be neglected . Also the partition was accepted by plaintiff's father & was entered in govt revinew record.
court has ordered that 1)I can demolish old building & start new construction on the said land
2) I should not transfer the property.
3) I should give undertaking that if at all the final decision goes in plaintiff's favour,I will demolish my construction & bring back to original one.
This order is till the final decision of the suit & not intrim

As said earlier the land is mortgage with bank since purchase.I have taken permission from local govt authority for construction.bank is ready to finance me.
My query is-
1) Do i need to take permission from court to increase the loan or mortgage ?
2)will that be contempt of court otherwise?
3)As mortgage comes under transfer of property,what difference is between mortgage & transfer of property?
4) will court allow me to increase mortgage?

Power Of AttornEy?

Wel me and my Father purchased a Land in 1991....After that i made a construction of Two floors....Wel we take the Registered Sell agreement in favour of My dad and Power Of attorney In favour of me..... Till date both My Dad and Previous Owner who sell the Land to us is Alive.



My question:-

#1 Can i make a "Registered Sell agreement" in favour of my wife with the Power of attorney? If yes....

#2 Can she sell the Land in future with the "Registered Sale agreement" and make the land Registered in some other PArty if my father Dies?

#3 If My Dad dies will i be able to Sell the Land with the help of "Power of Attorney" as i get this Power from Previous owner and not from My Dad,

can a notorised relinquishment deed be regd. after 10 years

sir i want to know whether a notorised reliquishment deed dated 2001 regarding house property is a legal documents to transfer the property rights ?if not can it be registered by paying appropriate stamp duty now? my name Ramesh P Gajwani my mob no 9850550597 my email add. rameshgajwani@rediff.com

Validity of sale

Respected Learned Friends , I request all of you to kindly have lookinto the following matter and give a solution.

The land to an extent of 33 Cents out of 250 Cents comprised in a Survey Number was sold out to X in the year 2005 by the original owner of the property.

Subsequently, in the year 2006, the original owners , knowingly or unknowingly , had executed the registered in my client's favour with respect to the entire extent of the said property and my client in turn has executed the registered sale deed in favour of Y . The Patta has also been issued to Y

In the year 2007 ,on coming to know the execution of the Sale deed in favour of X with respect to 33 Cents of the Land by the original owner, my client has purchased the same form X through his registered general power of attorney agent by a registered sale deed .

My the queries are:

1. Is it correct to say that the conveyance that has been passed on to Y is only with respect to the remaining 217 Cents out of 250 Cents ?

2. Is it coreect to say that in respect of the 33 Cents , my client is the owner , in view of the fact that only after the execution of the sale deed in favour of Y , my client has purchased the same ?

3. Is it possible to convey the title with respect to the 33 Cents in favour of Y without further payment of stamp duty , since Y had already paid stamp duty with respect to the entire extent of 250 Cents ? if yes , by which way / mode , it could be done?

Thanking you,

Raja Sundarraman .

EXECUTION

Property purchased in the name of minor/wife by the judgment debtor during the pendency of recovery proceeding can be attahced by the court

will query

Ancestor property

Hi,

Please let me know the full definition of ancestor property.

Property brief: My father bought a peice of land from his onw resources (self aquired) He was short of around 10% approx for the value of the property & he borrewed money from his mother & thus had to add her name to the sale deed. His father was not alive then. In the passage of time, his mother's mental health took a downward turn and she statrted harrising him for the return of the money lent. My father then sold a big portin of the land and paid her money back. She then passed away shortly. The balance of the land was in his sole name. He passed away around 4 years ago, without leaving any will etc. The property was subsequently transfered to my mothers name.

We are five brothers;

Is this a self acqueried property?

If yes what will be the outcome?.

If no then wats is the leagal status of my Mum?.

What is the legal status of we five brothers?.

Can our Mum remove any of the son's from the property?

Thanks