gillcps 08 October 2015

Blackmailing us on the basis of initial plot agreement

My mama has put up his name in place of my father on the Initial plot agreement (On Stamp paper) with the builder . But money & loan paid by my father to Builder. Now full amount has been paid to Builder by my father.

Now mama is blackmailing us on the basis of initial plot agreement that plot is his not of my father.And presurizing on Builder to get the register done on his name (mama).

Registry yet not done as builder know that actual buyer is my father not my mama. As mama has not paid any money for the Plot. All money paid by my father.Witness is also with my father side.

Please let us know if any solution/action for this trouble . So that we can get plot register on my Father's name.

Plot location is in Punjab.

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5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 08 October 2015

Sir,

Make a new agreement with the builder stating that wrongly your mama's name was mentioned at the time of initial agreement. If your mama creates any problem file a compalint of cheating against him for putting his name despite the fact that the payment has been made by your father.

Send your mama legal notice not to create any problem intitally at this stage to be on a safer side.

Warm Regards

Kapil Chandna Advocate

09899011450

gillcps 08 October 2015

Thanks Sir, I have one more problem, if you can give some solution: -- We have kept some money with the same Builder for our future household needs. On that Agreement(on Stamp paper) also, mama put up his name in place of my father. Builder & witness knows well that money is ours. Now that agreement, mama is not giving us back and threatening us to give that document to Income Tax dept or Police. We are fed up of this. Builder is also fearing that may be our mama misuse that agreement and file some complaint or FIR against him . And then force builder to give him deposited money. Knowingly that this money is ours, builder still may be force to give money to mama. Is there any option to get back the agreement to our name. So that Builder can comfortable give us back our money without fear of any Police action by my mama.

Laxmi Kant Joshi (Advocate ) 08 October 2015

As you stated that the builder knows the actual owner is your father so you can make a new agreement with him by stating mistakely in your previous agreement you had given wrongly your mamas name in it, simultaneously send a notice to your mama not to try to cheat you otherwise you will file criminal case against him .

gillcps 23 October 2015

Sale agreement (rs100 stamp paper)was done on Oct 2012 between builder & mama.But registery not done till now.Ownership is still with Builder. I heard that validity of such sale agreement over rs100 stamp paper is upto Maximum 3 years. After 3 yrs such agreement has no value unless got renewed ..please confirm.