PLS HELP ASAP
Querist :
Anonymous
(Querist) 29 March 2010
This query is : Resolved
PLEASE HELP..
My father purchased 5 pieces of land in the year 1972, this land was later sold to one developer mr A. an agreement was made in dec 1995, the consideration amnt wud be Rs. 691000/- the schedule of the payment was mentioned in the agreement. This schedule was not properly followed. In june 1997 my dad expired, my mother who is not so educated, I who was 17 and my sister who was 13 were the legal heirs. So in Sep 1997 this Mr. A takes us to his office, makes a supplement agreement in our names make me and my mother sign it. Mr. A made us sign the documents ther and there and also got a power of attorney from us, without giving us the time to see the documents. Only a payment of Rs 30000/- was made, thereafter inspite of several calls and personal visits to his office Mr. A never bothered to pay the remaining balance neither a copy of the supplement agreement was given to us wherein it was mentioned that Rs. 50000/- would be paid in 3 equal installments to us. So in may 2000 my mother sent him a notice that the agreement stands cancelled, but in sep 2000 Mr. A sends his agent and gives us Rs 10000/- and asks us to sign on a document which mentions that the agreement is not cancelled and we in future will be bound by the agreement. We hoping that still he will make payment and the matter will settle, gave him signatures. Now in 2008 no single payment came from him so my mother sold it to another developer Mr. B, who we thought knew abt the earlier sale, as he was brought to us by my maternal uncle who also holds the power of attorney to that place. The papers were signed and some payments were made. Mr. A sent some notice to Mr. B when paper notice was given abt the sale. But mr B went ahead. Now in 2008 mr. A has filed a case against us 3 and also asked us for a compensation of Rs. 5 crore along with the amount of Rs 5lacs which he has paid to us. Kindly help me know how strong we stand how much is the possibility of winning in such situations, and how should we proceed as now Mr. B has also been respondents in the case.
Raj Kumar Makkad
(Expert) 29 March 2010
Your entire case is based upon documents and without knowing the contents of the documents, which you signed during the year 1997 and 2000, nothing can be commented.
It is a legal position that you can get cancelled your GPA at any time giving notice to your agent (A) and it is also true that your signature over the agreement during your minorityship (age 17 years)but as you confirmed your earlier agreement during the year 2000 when you had attained majority so you could not backed from your agreement rather would have gone to civil court seeking specific performance of agreement and you could have demanded all signed documents from developer but you did not exhausted any of these legal ways an always stood pacified as and when money was given by anyone to you and this is the result of your present problems.
Consult with a local lawyer along-with documents held with you.
Querist :
Anonymous
(Querist) 30 March 2010
sir, thanks for replying to my message.
the document signed in 2000 is a reciept and also a letter which states that the notice stands cancelled and in future the land will not be sold to any one else. but even after that no payment was made from Mr. A and not attempts were made by him to register the documents nor convert into NA land. Can any non performance rule be applicable to this.
