specific performance suit
hasan
(Querist) 03 May 2015
This query is : Resolved
Dear sir We have made an unregistered agri. Land saledeed in year 2010 during this execution of sale deed a purchaser was not present on this deed purchaers agent has signed behalf of purchaser he has signed namely of purchaser. And no photo and no thumb of purchaser. Regarding to saler 21 persons are owner but only three persons have made signed including power so 11 signs are mentioned and among these three persons one has afixed a photo and another has signed and thumb. This deed for one caror fifty lakhs and purchaser has gave only one lakh and cotract date was fixed after three months a purchaser has to pay full payment on this date after salers have make dastavej but this contract date has been finished and no any further payment is given by purchaser so after six month saler has told to purchaser our soda is cancel now and your token money is forfeited so purchaser has field suit for specific performance in year 2012 now saler is defences the ex 5 parmanant injunction suit. Three more time this matter was came on order but every time case in transfer situation and once again hearing must require. Now saler agree to give back purchasers token amt with 12% interest but purchaser is lawyer of high court so he does not interested. So plz tell me can I write to bar council for this matter and what will happen in this case and what time will require. Purchaser has tried for lis pendency too but mamlatdar has dismissed it. Plz give good advise to fight this case we are also poor farmer so we have sold our another farm for our need n now we do not want to sale this farm coz its not necessarily. Give conclusion as soon as possible Thanx Regards
Dr J C Vashista
(Expert) 04 May 2015
1. Vague query.
2. Sale deed has to be registered otherwise, it is invalid.
3. The purchaser need not be present/ sign.
4. Show the document to a local lawyer for proper professional analyzing, advise, guidance and proceeding.
Rajendra K Goyal
(Expert) 04 May 2015
On this issue, complaint to Bar Council has no merits.
Proceed with the case on merit, engage some senior lawyer and show him full case file.
hasan
(Querist) 04 May 2015
Thanks to reply sir
Its true a purchaser does not need to present at the execution sale deed time. But in my case a purchaser's agent has done sign namely purchaser and no power of attorney shown. So can I go to police station for F I R for agent? To forge sign. Purchaser and his agent has cheated us. This matter has taken 5 years as if though I want make F I R so its possible? Then I will go to submit a another suit on purchaser.
Give opinion plz
Regards
T. Kalaiselvan, Advocate
(Expert) 05 May 2015
It will not be possible to lodge a criminal complaint now. Also the complaint proposed to give to bar council also will not get any response on this subject. The case is very strong in your side, so contest it and get the suit dismissed.
hasan
(Querist) 06 May 2015
Thank you T. Kalaiselvan sir...but I have verified signature s I have found two documents of purchaser. 1. Is a sale deed in this deed purchaser's agent hase copied his sign. 2. Purchaser has tried for lis pendency in this documents he has done sign him self. So we found different signatures in both documents.
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
You have no case now after a lapse of 5 years to say that the signatures have been forged. The lodging of criminal complaints are not to be delayed or can be lodged at your convenience anytime in your life time. What have you been doing so long for 5 years, only thinking about what to do next? You can proceed as advised or consult a better lawyer in the local and take his advise.
hasan
(Querist) 07 May 2015
Thank you sir
