Possession of property
kavita
(Querist) 20 January 2012
This query is : Resolved
My father is the registered owner of a plot,before 9yrs he want to sell that plot,so he paid development charges, but he was busy with his job so he gave registered power of attorney to my brother who is that time 20 yrs old to withdraw all necessary documents, and other works regarding selling.but the front party was a broker fraud, he turned that contract with another lady for gaining of extra 50000 rs.so he took my brother sign on one more agreement to sell which is not known by my father. also agreement money DD in the name of my brother issued. that money was taken by broker for process of clearing docs. After dis that lady by sum reason denied to give extra 50000 commission money to broker.So he came to my father.That time my father came to know abt all this. So my father gave him his agreement to sell money back 50000 rs +commission 50000rs, as he want.But even after giving him back 50000 rs DD he suddenly want property back, and he put the case in court so my father didn't conduct registry to other lady. at the same time the lady withdraw all documents without my father consent, took original sale deed, power of attorney, tax receipt from my bro as she want to see it first only , but she haven't gave it back.R.L. letter which is in my father name she withdrawn from NIT in 2005 by herself which we came to know abt it in 2012, brothers power of attorney, tax receipt she took all.she also took letter of possession signed by my brother. but her all documents are unregistered as we are willing to sell her that time but becoz of other case we withdraw it. she took illegal electric connection, when my father inquired abt that, he came to know she showed letter of possession and shown 3 room construction and resident of dis plot since 2007 while it was a open plot. after dis inquiry she suddenly started construction to show 3 rooms.and took possession of that plot. as per agreement to sell her period for registry is finished within 3 months after submitting all necessary docs . but even though only on that letter of possession which is unregistered she declared her ownership of that property. Is the unregistered agreement to sell, letter of possession, and keeping original sale deed ,bro's power of attorney,R L letter, tax receipt which is all docs in name of father registered. can she be declared the owner ship of that property?. and on that letter of possession can she do construction for living there.She haven't paid any money uptill now.also tax paid by my father uptill. And my father also not willing to sell her now and want possession of plot.
ajay sethi
(Expert) 20 January 2012
contact a local lawyer . your facts are too complex and without going through the documents it would not be advisable to give any advice .
girish shringi
(Expert) 20 January 2012
Whatever you explained is of the actual facts,you can proceed with legal actions under CPC,CRPC and Revenue Act.
You can also follow the expert advice of Mr. Sethi.
M/s. Y-not legal services
(Expert) 20 January 2012
yes.. my advise also., just consult with your advocate along with necessary documents..
-tom-
kavita
(Querist) 21 January 2012
yeah Thanks to all of you for ur advice. we already consult with lawyer.as they said her docs are not valid.her contract is debarred but i am willing for experts advice also.all above is actual facts. the first party wants the plot becoz suddenly todays market prize is 50laks.all above is happened becoz my father was in transferable job and can't look into any matter. and the first and 2nd party made a pressure and convinced my bro to sign on agreement to sell and letter of possession. except starting payment. she haven't give any payment.Then first party and 2nd party have fight and so first party put a case for land against father, even we gave him his money back through DD. Is the lady had the power to construct house as she had letter of possession just writing on 20rs stamp. and possessed all original docs of land but in my fathers name.she haven't paid half money also uptill now.
M V Gupta
(Expert) 22 January 2012
Every agreement contains a time clause prescribing the time within which the buyer has to pay the full amount and obtain sale deed. If the first purchaser did not comply with those conditions, your father can repudiate his claim. However, as Expert Mr. Sethi has stated a final view can be taken after perusal of all the documents and the correspondence if any that has taken place between your brother and the purchasers etc.As regards the brokers claim for brokerage it all depends on the understanding your brother had with him before engaging his services, which are generally oral and not reduced into writing.
Guest
(Expert) 23 January 2012
Dear client,
it is herewith requested to contact me asap for legal help in this matter.
Manoj kumar,
Advocate,
Delhi.
Ph: 09310443650 / 09319220768
Email: advocates.agra@gmail.com
