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Hamdani   04 November 2020

can I file a case on the property purchase on sada bainama

Respected sir, my mother (Sunni Muslim) purchased an open plot in an unauthorised layout colony in 1982 in a metro city. she sold this plot to her relative in 1997. The buyer is her relative took the allotment letter from her given by the society when she paid part amount out of total consideration in 1997. The buyer agrees to pay the total balance in six months time after 1997 but didn't paid as per the made agreement. He took several years to pay. In the meantime, he hot the municipal tax number on the said property in the year 2000 without paying the total consideration as per agreement made in urdu on a Rs.20/- bond paper. Later he changed the ownership into his spouse in 2007 without making complete payment unlawfully. Till this time also, he didn't cleared the payment. The actual buyer paid the balance in instalments in 10 long years time after the purchase agreement in 1997. The buyer died in the year 2012. The seller my mother also died in 2015.
My questions are :
1.Can this transfer valid?
2.Can I recover this property as it's a Unregistered one?
3.The present owner, i.e., his spouse has given to a builder who is constructing multi storied building.
4. what action can be taken to recover it as I have a purchase original agreement bond paper which I found after the death of my mother.
please give your valuable feedback sir
Thank you
warm regards.
Hamdani.


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