(Querist) 13 March 2010
This query is : Resolved
Sir, Please clarify me. A sale deed was registered instead of Mortgage deed.45 days after vakil notice was issued that you obtained the sale deed instead of mortgage deed applying nonest factum.the buyer approached my lawyer without replying to the notice. and The lawyer influenced me (am a women) to sign an agreement that the deed is sale deed and I will not go to court and I can stay in the house for another 15 days.And the buyer need reply to the notice. Here my question is: 1 Can I go to court? 2.Can I calim non est factum eventhough the agreement is there? 3.Whther the sale deed is void or voidable if nonest factum is applied? 4.Whether after issuance of the vakil notice ,without the leave of the court, the compromise agreement is valid.If so in what law whther inCPC or what law? 5,Whether void contract can be ratified,what is the authority I request to clarify me sir Rajabai
Raj Kumar Makkad
(Expert) 13 March 2010
In he light of given circumstances of the case it shall be better to sit on the table once again and settle the things thereon and reach to a compromise and get the court decree thereon.
Y V Vishweshwar Rao
(Expert) 19 March 2010
In view of the facts referred above , I agree with Mr Makkad !
(Querist) 19 March 2010
Sir As the buyer got the agreement in favour,the court decided in his favour, to go to appeal Am asking the 5 questions.How will the party in fraud and in benefit come to the table again.please give me answer to the 5 points