cpc

Specific performance on a notarized agreement to sale

This query is : Resolved 
 


Querist : Anonymous (Querist)
24 September 2020

Unwillfully I was forced to give a Notarized agreement to sale to a land mafia in which it was mentioned that he has paid me 31 lacs with cheque numbers mentioned and it was written that after getting all the cases and disputes of the said property within a period of one year I shall get the property registry done in his name & If i dont do the registry he will get it done through the court .He took me outside the bank got my account no and deposited 31 lacs in it and then got me filled a cash with drawl slip of the same amount and withdrew the cash himself in few minutes same day..As he was very powerful I feared my life and i came back from that city to delhi and started living here ..A civil suit was filed by my cousion brothers on me and my elder brother in 1998 with a temprory injunction order which was later converted to status Quo and is still in force up till Now.
As that land mafia could not trace me he thought that i was already dead ..can he bring specific performance suit though he doesnt know where i live ? can the specific performance suit be decided exparte? then what about the status Quo order going on ? what if i appear in the court and submit an affidavit that i dont want to sell the property ?what is the legal remedy to save my property


Isaac GabrielOnline (Expert)
24 September 2020

If you know the survey no, door,and address you apply for encumbrance where the details could be obtained.

Rajendra K Goyal Online (Expert)
24 September 2020

He can file specific performance case and can get ex-party decree.

Show all documents to local lawyer and discuss in detail.


Querist : Anonymous (Querist)
24 September 2020

so what about the status quo order by the court that property cannot be sold or mortagage or cant be done anything with it till the disposal of the suit ...even if he brings specific performance suit how can he do the registry when he himself is also a party to the suit and has status quo on him too


Querist : Anonymous (Querist)
24 September 2020

so what about the status quo order by the court that property cannot be sold or mortagage or cant be done anything with it till the disposal of the suit ...even if he brings specific performance suit how can he do the registry when he himself is also a party to the suit and has status quo on him too

Hemant AgarwalOnline (Expert)
24 September 2020

Aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rajendra K Goyal Online (Expert)
25 September 2020

If the fact of status quo is brought before the court during ex-party proceedings, court may consider it on merits.

The said purchaser may initiate criminal case against you also.

A. A. JOSEOnline (Expert)
25 September 2020

Though difficult to believe your story, considering the complex facts, it is ideal for you to consult a local lawyer please.

P. Venu Online (Expert)
25 September 2020

The posting contains more of assumptions, presumptions and subjective personal opinions that no meaningful suggestion is possible.

Dr J C VashistaOnline (Expert)
26 September 2020

It is possible when you consult and engage a local prudent lawyer



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