Sale deed cancellation

Moorthi (Querist) 30 May 2017 This query is : Resolved
Hi

My father and his brothers entered into an agreement in Rs. 20 stamp paper in relation to a property. That Rs.20 stamp paper is not registered.

That property in the name of my father brothers.

In that agreement it contains a condition if the property sold they give preference to my father for purchase of that property.

But now they sold that property without my father knowledge to outsiders.

In that property my father doing business for the past 15 years and also attached my father home.

Now they compel to my father to vacate that property and hand over to buyer.

What remedies available to us.

whether we can file a case to cancel the sale deed? if possible on what basis?

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Kishor Mehta (Expert) 31 May 2017
Sir,
Only registered agreements are accepted as evidence in a Court of law.
If your father has been paying rent or if he has any documents, then he can take recourse to the applicable rent act of the state where the property is located.
Good luck,
Kishor Mehta

ADV-JEEVAN PATIL, MUMBAI (Expert) 31 May 2017
If the clause contains that preference be given to your father for sellable purchase price and it is violated, approach court for stay, if sale deed is not complete

Rajendra K Goyal (Expert) 31 May 2017
When the agreement was executed?

When the property was sold?

Show the agreement and discuss in detail with local lawyer.

Kumar Doab (Expert) 31 May 2017
"But now they sold that property without my father knowledge to outsiders."

Approach a very able senior counsel of unshakable repute and integrity at your location specializing in revenue/civil matters and show all docs and give inputs in person for a considered opinion......on any remedy, strategy that may be of some help to you.

Rajendra K Goyal (Expert) 01 June 2017
Without knowing full case details / material facts/ related documents, nothing can be advised. Discuss with local lawyer.