Anees (Designer) 26 August 2009

Agreement Disobey

I signed a document twenty years ago with second party. It states that "The second party agrees to receive a sum of Rs. 2.4 lakhs for the subjected property sale. The second party received a sum of Rs. 1 lakh as a advance. The first party should clear all the legal formalities and register his property to the second party when the first party receives the property document and receive tha balance payment."

The second party does not have the documents when I signed the agreement. They said that they will register the document in my name when they receive the original document. But they have given their house to me. I was staying there since twenty years. I was paying all the taxes in their name.

In 2000 they got the documents from Government. I said that as per the agreement I will give the balance amount you register the property to me. They disagree and stated that "the agreement has only three years validity. Hence the agreement is dead. We will give the advance and give us the agreement". But i was staying there. Its my property. They disagree to obey the agreement.

I put case in court. No one came from their side to court. So the court ordered to register the home to me. But they appealed in higher court. A month before when my house was locked, they tresspassed into my house. I went with police they stated "It is our house.We have documents. His agreement is dead he have no rights to send us out. We are staying here for the past twenty years". I put section 448 & section 506 on two of them. They got bail. (Totally four brothers)

My questions are

1. Did the agreement has life.
2. Is the property is mine.
3. Should the obey the agreement.
4. How come I send them out of my home.
5. What step should I take right now on the other two people.

6. How I prove that I resided there for past twenty years.

7. How can I get my house back.

Kindly answer.

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2 Replies

Y V Vishweshwar Rao (Advocate ) 27 August 2009

Reply to PM ;-

The Documents from Govt is not clear – is it Govt Sale to your Vendor – Ais there any Restriction on Sale of proerety by your Vendors – subject to this – I am of the following view ;-

The Sale agreement enforcement time will be as per Terms of the Sale agreement – As mentioned in your Query , at the time of sale to you , the Vendors have no documents and agreed to receive balance sale consideration and to execute and Register the Sale deed after getting the documents from Govt ! Vendors got the Documents from Govt in 2001 and 2001 is the time fixed as per the agreement to receive the balance sale consideration and to execute and Register the Sale deed in your favour . The Specific performance suit is filed by you and it is decreed and it is pending disposal in Appeal –– Apart from that you were in possession of the said House as purchaser since 20 years . In my View Sale Agreement is enforceable in 2001 – it was in force in 2001

you are entitled to Regd Sale Deed from Your Vendors -The Vendors are under obligation to comply their part under the Sale agreement

You were in possession of the House as purchaser under an agreement by part performance .

You can get the Possession by Decree in the Suit which is already filed and decreed - pending in Appeal , in the same suit you can get the possession along with Regd Sale Deed to be executed & Registered as per the Decree passed in your favour – subject to Appeal result -

You can also Separately file a summary under Specific Relief Act for redeliver of possession of the House from which you are dispossessed with out due process of law . You Can show that you were residing in the House , by producing Voter List , ration card , Telephone Bills , Postal Department Delivered postal letters at the said address, local Residents oral Evidence and your Sale Agreement and the Property Tax Receipts paid by you in the name of your Vendors.

After the appeal is disposed in your favour , file execution Petition for execution & Registration of Sale deed and Delivery of Possession .

Anees (Designer) 28 August 2009

It is not mentioned in the agreement that I took possession.

That property is given by Government to the second party for free for good service as teacher. When I signed the agreement the property is not theirs. It is government property. In 200 only they got the property records.

I have no record (ration card or any other). My neighbours are supporting them. I have receipts of house tax and water tax paid in second party name.