suit by broker and litigation without agreement of sale
Querist :
Anonymous
(Querist) 02 August 2010
This query is : Resolved
This is in respect of my proper ty situated at my native place. The total extent is 426 sq. yds with a dilapidated house thereon. The property shareholders are three i.e. myself, my mother and brother, who expired during 2006 and his share of 176 sq. yds passed on to his wife i.e. my sister in law by virtune of his will executed before his death with absolute rights. The problem has commenced with my sister in law, who intend to dispose the property alongwith me and my mother, who is staying with me and I am working in Hyderabad. During this process of disposal of property she has taken Rs.10000/- advance amount from one of the brokers located at my native place and another broker, who want to pay a little bit high amount has approached me and requested for my share and mothers share put together 256 sq,yds. Then I suggested my sister in law to dispose the property to the person, who is paying a little bit high amount. The second broker has prepared a DDs of Rs.2.00 lakhs in my name and contacted me at Hyderabad. Since my sister in law has already taken an advance amount of Rs.10000/- I have not agreed to his proposal since already one broker is entered in the transaction orally. In both the cases I have not signed any agreement of sale. But the second broker has recorded my voice for disposal of the property in his cell phone and started threatening me and demanding either I have to sign proper sale deed i.e. by all the three persons or else pay Rs.1.00 akh compensation for not coming forward for registration of the property. The entire drama was played by me sister in law. Since my sister in law has not agreed to sell his share, the first broker has issued a legal notice during March 2010 as If I entered an agreement of sale with him and asking me to register the property i.e. my share only. Though the property belongs to three parties including my mother, the notice was issued to me. I replied to his legal notice and the matter is silent for quite sometime. In the meantime, the second broker with a pretext to purchase the property for construction of house has issued a legal noice to me now recently and asking me to register i.e. proper sale deed or pay compension of Rs.1.00 lakh,
The second broker purchased the DDs during Dec.2009 and kept with him all the 6 months with delivering to me or entering any type of agreement of sale and just before the period of lapse of DDs and approachaed me with old dated sale agreement with 2.00 lakh DDs for the entire land and demanded my signature. I refused to sign on the old dated agreement and DDs not delivered at any point of time. In Both the cases, I have not entered any agreement of sale. I am of the opinion because of my absence fro m my native place and diffierence that has taken place between me and my sister in law, parties stared issuing legal notices to me. Now the second broker issued legal notice recently and I appointed a legal adviser at my native place and got issued reply to his notice. One more notice was issued to my sister in law for partition of the scheduled property. Today I received a summons from court issued by the first broker without plaint copy. I contacted my legal adviser and he suggested me to send the summons with vakalat. I am in the process of sending the same. The second broker might have recorded my voice in the cellphone for the disposal of the property and trying to give reality to the situation by producing Xerox copies of DDs and gathering his associates for this transaction etc. Please suggest me whether based on the cellphone recording without any agreement of sale, the parties can claim the property with lowest rate, as compared to the prevailing market price. How far it is justificable. I am working as a branch Manager and not in a position to supervise my property. What is the best solution for me to overcome this problem. I appointed the eminent lawyer and met him a week back and narrated the incidents step by step . All these things have taken place because of my sister in law collided with these fellows and I am constrained to receive the notices and I request you to suggest me the suitable remedty available to me.
1. I intend to contest the case for the false allegation made against me without any agreement for sale.
2. Whether I can file partition lsuit simultaneously to dispose my share atleast later.
Thanking you, in anticipation of your reply.
s.subramanian
(Expert) 27 August 2010
You need not worry. In the absence of any agreement of sale,nobody can do anything against you. They are trying to blackmail and cheat you.
