Sale deed
Guest
(Querist) 15 May 2015
This query is : Resolved
My client purchased a land from attorney of Xyz and the sale deed is registered..
Now xyz has filed a cr complaint against my client and others whereby he alleged that the signature of his attorney are forged..and yes it was..
(And against others is that they identified a wrong person before concerned authority)
Now there is a compromise between the two..and xyz agreed to withdraw the complaint against me and will continue against others..( i am not concerned about others)
Now what should i do to make that sale deed genuine and bonafide and how..or should i execute a subsecuent document..
(Not concerned about others but my client should get a better title over the property)
Dr J C Vashista
(Expert) 16 May 2015
1. Is your client sole vendee?
2. Who all are concerned/connected with the transaction and complaint? What is the allegation leveled in the complaint, whether the complaint is still a complaint or FIR has been registered?
3. Whether all the parties to complaint agree to the terms and conditions of agreement/compromise?
4. Can the sale deed transaction be separated from other accused?
Rajendra K Goyal
(Expert) 16 May 2015
Full particulars required, consult local lawyer.
Kumar Doab
(Expert) 16 May 2015
Apparently the sale deed is executed by a fake person and this fake person that forged the signatures and this fake person is identified by witnesses............
The sale deed is not valid.
The criminal complaint is flied.
Generically speaking the criminal complaint should be withdrawn and sale deed should be executed by genuine/ original attorney................and original owner should appear as consenting witness.
However the lawyer the has examined all docs on record can advise the best.
Kumar Doab
(Expert) 16 May 2015
This query is posted in more detail at:
http://www.lawyersclubindia.com/experts/Property-cancellation-of-sale-deed-537766.asp#.VVd0JFJ-hkg
Guest
(Querist) 17 May 2015
No this is a different query..
Yes my client is the sole vendee.
On other accused allegations of forgery, cheating etc are levelled.
No this is still a complaint and no FIR has been recorded (concerned p/s also agrees that there is no such fraud and he can give a report that no case made out)
The complainant and my client agrees to the terms of compromise but not others..
Sir if there comes a report from police station that after investigation it is found that the document and the signatures are genuine and it was executed by the parties themselves and there is no case made out against anybody.
Then can my client being the vendee gets the legal title ovr the property and after recording the statement of the complainant/vendor that there was a misunderstanding and the document is genuine..
Whether vendor can claim any other right in future from my client if I do this..
Guest
(Expert) 17 May 2015
Your query, "can my client being the vendee gets the legal title ovr the property and after recording the statement of the complainant/vendor that there was a misunderstanding and the document is genuine," is quite premature and vague.
Wait for the report of police investigation. Let the document first get proved genuine.
If you believe, the members of this forum can predict whether your vendee client gets the legal title over the property, BEING A LAWYER, you can also predict yourself.
NOTHING CAN BE PREDICTED IN A LEGAL TANGLE. ALL DEPENDS UPON THE OUTCOME OF THE INVESTIGATION FIRST AND THEREAFTER THE EVIDENCE IN THE COURT CASE, IF LAUNCHED.
Guest
(Querist) 17 May 2015
Yes sir the police will give the report that the complaint under 156 (3) crpc not made out and after investigation it came to their knowledge that the sale deed is genuine..
And the complainant will not press the complaint further against my client or others in the complaint as per the compromise..
If such thing comes up should I record the statement of the complainant also that there was mis understanding and all and the said sale deed was executed by his power of attorney in favour of my client..
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
If the complainant is not pressing his complaint, there is no complaint at all then there is no case, the sale deed got executed in favor of vendee stands valid. Why do you want to further complicate the issue once both the parties or settling the issue amicably on a compromise arrangement.
Guest
(Querist) 17 May 2015
Sir just in order to make sure that the complainant in future wont do such an act again and shall not be eligible to file any case against my client whether civil or criminal..
As my client has paid a huge amount as compromise..
Guest
(Querist) 17 May 2015
Sir just in order to make sure that the complainant in future wont do such an act again and shall not be eligible to file any case against my client whether civil or criminal..
As my client has paid a huge amount as compromise..
Guest
(Querist) 18 May 2015
Sir just in order to make sure that the complainant in future wont do such an act again and shall not be eligible to file any case against my client whether civil or criminal..
As my client has paid a huge amount as compromise..
Guest
(Expert) 18 May 2015
Mr. Paras Gupta,
Your statment, "just in order to make sure that the complainant in future wont do such an act again and shall not be eligible to file any case against my client whether civil or criminal,as my client has paid a huge amount as compromise." is quite illogical and unethical.
Being a lawyer, you should not have expected others to give you any suggestion against the provisions of law. Nobody can ensure for future how to desist the right claimant to file a case for exerting his right, even if your client has paid double the amount of the value of the property.
In fact, the transaction of your client paying huge amount as compromise can be equated with bribing a party to act illegally.
Guest
(Querist) 18 May 2015
No sir its not about bribing a party to do anything illegal..but here my client being a wealthy businessman was being harassed by the complainant in order to pressurise him to give more money and moreover the property used by my client is one which he cannot let go at any cost, which thing is in the knowledge of the complainant and he is wilfully harassing my client for money..thats my only concern..
