code of civil procedure 1908

vikram (Querist) 16 July 2017 This query is : Resolved
i brought a property in jan 2017 after few mnth i got a notice that the property seller had took token money 5lakh from another person in 2011 jan and the agreement is not cancled and his money is not refunded to him .as agreement made on 2 rs stamp paper and time of essance clouse is not included he want to purchase same property in same amount50 lakh but now the property price is almost double.the sale deed agreements they made is not registered.what should i do now.

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vikram (Querist) 16 July 2017
i brought a property in jan 2017 after few mnth i got a notice that the property seller had took token money 5lakh from another person in 2011 jan and the agreement is not cancled and his money is not refunded to him .as agreement made on 2 rs stamp paper and time of essance clouse is not included he want to purchase same property in same amount50 lakh but now the property price is almost double.the sale deed agreements they made is not registered.what should i do now.

Guest (Expert) 16 July 2017
First stop worrying.If yours is an Registered Sale Deed you need not worry at all .What ever the claim the person has it to be sorted out with the seller only..More over any such agreement should have been Registered to make any claims Legally.Any Un Registered documents are not Legally valid and enforceable.If required seek the opinion of Local Good Civil side Senior Advocate.Better keep the possession of the concerned property safely

Guest (Expert) 16 July 2017
More over any such agreement is valid only for 3 years to seek a Legal Remedy and it is now more than 5 years ..If your seller approaches an efficient advocate he also would be safe

vikram (Querist) 16 July 2017
ok sir but he had allready filed a suit now how much time it will take to clear this dispute bcoz i also want to sell this property is there any way. and how much time high court will take to for decision

Rajendra K Goyal (Expert) 16 July 2017
You should wait till the suite is decided. It may take years.

Also show full case file to local lawyer and discuss.

Try to avoid risk when such huge amount is involved.

Guest (Expert) 16 July 2017
Seek the help of Local Good Senior Advocate and make the efforts to Quash the case or not to involve your self or the property in the case as you were no way connected 'If any Stay had been obtained it could be vacated very well legally and nothing to worry.It is only in olden days as old people say the Court cases would take long time to finish but now all the courts are taking steps to complete the cases at the earliest and now many courts are functioning on saturday also.Request your Advocate to request the Concerned Court's Honorable Judge to post the case for Urgent Hearing and it would be done Please.For any doubts please Post here

vikram (Querist) 16 July 2017
thank you sir for advice really appropriated.

Guest (Expert) 16 July 2017
Welcome and all the best.

Dr J C Vashista (Expert) 17 July 2017
As I could make out (presume) from the statement in the query the author as purchaser of a property is seeking opinion and advise with respect to sale agreement in vogue for same property which the seller has concealed. Besides this, the author's agreement is on a stamp paper of Rs. 2/- and unregistered.
In these circumstances the author should file a criminal complaint before area magistrate and/or lodge police complaint/FIR through a local lawyer.
Opinion is based on presumption, the author should consult a local lawyer with relevant record if the story is true, which is otherwise concocted.

P. Venu (Expert) 17 July 2017
Are you a defendant in the civil suit?

vikram (Querist) 17 July 2017
no sir i had allready brought the property and registered to my name the seller had a agreement with other person agreement with other person in 2011 on 2 rs stamp paper not with me so you are suggesting me to loge complain against seller.

Rajendra K Goyal (Expert) 17 July 2017
You have not replied the important question from expert P. Venu.

vikram (Querist) 17 July 2017
yes sir i am the defendant

Guest (Expert) 21 July 2017
1. Stamp duty not completely paid 2. Reg not done hence his document can not be admissible as evidence in court

Additionally take limitation point that is dispute taken after 3 year of cause of action

Pray to court to frame preliminary issue after submission of written statement and try to get the suit dismissed on preliminary issue only

vikram (Querist) 22 July 2017
i had a talk with lawyer he is asking a huge ammount of fee and also saying case will take more then 5 year can you suggests me how to resolve issue or can i defend my case becouse i am nowhere connected to case.

code of civil procedure 1908

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