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Sale deed

(Querist) 29 September 2013 This query is : Resolved 
ear Sir

Iam living at Nashik. In 1999 I made a transaction of house Owner offer me his house 640 s/ft at Rs.250000/- I transfeered Rs.190000/-by cheque & remaining in Cash.He gave me immidiate possession.since then (1999) i am living in that house.that time no sale deed or any written agreement was made.because He was close in relation & house was mortgaged to Bank For his personal loan he agreed that as soon as he repay the loan he will make a sale deed.but till this date he is avoiding to do sale deed.now his behavior is changed he is not accept the transaction because price of house is much increased.and trying to sale somebody.please advise me in this situation How can I defend against him? Can he do sale agreement with third person? please advise
Dr. Jyothi Vishwanath (Expert) 29 September 2013
He can sell the property to anyone as the property stands in his name.
I dont know what made you agree for such one sided transaction in his favour. There is no agreement or sale deed registered in your favour. Do you have witnesses in your favour???
Try to get back your money. I hope you have cheque details and pass book entries to this effect. You can file suit for recovery of money.
It will be difficult for you to get him register the property in your favour now. He can always put a defence that you had lent him a hand loan and can refuse to agree about selling of the property.
Rajendra K Goyal (Expert) 29 September 2013
Agree with the expert, try to have amicable solution if you can. Legally if the transaction is treated as loan, it is also time barred.
C.V.Kansara (Expert) 29 September 2013
Well advised by expert. Since he is your friend try to settle the matter aimcaby n get your money back.
V R SHROFF (Expert) 29 September 2013
Try to settle amicably. Price at the time u paid amt is relevant..

As possession with you, and u paid by chq, you will WIN.
Finally issue notice and file civil suit , that he cannot sell or trf the said Flat .

& specific performance of Exe Sale Deed.

shashikant gharge (Querist) 29 September 2013
Thanks. for advice I made a transaction on keeping faith. I am ready settle amicably but he isn't ready. he wants today's price. as you mentioned about possession .I am living since 1999.paying taxes and electrical bills .also I have cheque entries. five witnesses. Please advise me can he or buyer take possession from me forcefully.
shashikant gharge (Querist) 29 September 2013
Thanks. for advice I made a transaction on keeping faith. I am ready settle amicably but he isn't ready. he wants today's price. as you mentioned about possession .I am living since 1999.paying taxes and electrical bills .also I have cheque entries. five witnesses. Please advise me can he or buyer take possession from me forcefully.
Kishor Mehta (Expert) 30 September 2013
Sir,
You have two important aspects in your favour, first is possession and second is the cheque entries.
Nobody can make you vacate physically, only legal recourse can be taken for possession.
You can also approach civil court to settle the matter, however it can be time consuming hence an amicable settlement will be better.
Good Luck,
Kishor Mehta
shashikant gharge (Querist) 30 September 2013
many many Thanks Mr.Kishor Mehtasir
please mention me onething if he sales this house to third party.can third party threat me leagally or illegally.and suppose if he the puts case before court can i defend the case?
Rajendra K Goyal (Expert) 30 September 2013
If third party purchases the house, he can proceed for vacating of the premises as per applicable law. The case would be decided on merits and how he is able to prove his case.


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