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Dispute over shop

This query is : Resolved 
 

(Querist)
27 April 2016

My father borrowed 1.25 Lacs in 2003 from a person and kept his shop's registry papers with him and signed an agreement to sell for 1.25 Lacs. After 8 months, he returned the money and the person gave back the shop's registry papers however did not give back the agreement to sell. We sold the shop in 2013.
In 2009, the person from whom my father borrowed money died and now in 2016, his son came to us with that agreement claiming that the shop belongs to him and he'll file a suit.
Please guide.


Kapil ChandnaOnline (Expert)
27 April 2016

Sir,

Let him file the suit, he is just trying to take advantage of your fear and nothing else.

Warm Regards
Kapil Chandna Advocate
9899011450

Kumar Doab (Expert)
27 April 2016

If he does engage an able counsel to defend you.


Did your father pay by cheque/DD and obtain acknowledgment?

Did anyone witness the payment?

Rajendra K Goyal Online (Expert)
28 April 2016

It was only an agreement, not sale deed.

From the facts it seems that he has a weak case in his favor, if he proceed, oppose the claim on merits.

T. Kalaiselvan, Advocate Online (Expert)
05 May 2016

The sale agreement reported to have made during the life time of the deceased who died in 2009, is actually barred by limitation as on this date hence his claim is not maintainable.



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