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prasanna (personal)     06 December 2012

House litigation

 

Hello,
 
i would be really gratefull if sumbidy could give me clarity on this issue. I amrealy worried.
 
 
i have bought a property on 12 feb 2012.it has been registered through sale deed in registration office. however know after one year a new issue is coming up. let me explain it this way. say i had bought the property form X(on 12 feb 2012), X has got from y on 2 nov 2009. However Y has entered into an advance sale agreement with Z through 100 RS stamp paper which is not registered, but sold the property to y avoiding Z. Now Z had gone to court putting a specific performance suit  on y asking for registering the house on his name. But none of the notice had been received by Y since y had shifted to another location. Which resulted in XPARTY JUDGEMENT in favor of z asking y to fulfill the advance sale agreement in favor of z. Now Z has filed EP and threatening me  that court would register the property on his name.  Now i am not involved in any of these but know i am stuck with this property facing the litigation, just because i bought this house without knowing these issues. I had checked EC, HAVE TAKEN LOAN IN LIC. BUT now Y is threatening me that through EXECUTION PETITION HE WILL GET THE PROPERTY.
 
While buying everything was clear. i had took EC for 35 years have taken loan etc. But a case had been in court just ten days before judgement the party Y had sold to X on 2 nov 2009(judgement in favour of z on 12 nov 2009). Now i have bought from X on 2nd feb 2012 without knowing any of these issues about court case. Neither me or the party before me had known any of this about court case and all of a sudden that party who had signed advance sale agreemnet with y is contacting me and telling this info.
 
SO we both parties contacted Y who had sold the house  earlier to my seller. Informed her that there is a case on ur name like this. she says she desont know all these. she is telling she had never entered into advance agreemnt with Z at all and only sold to X(my seller). so when we asked abt her signature in the 100 RS STAMP PAPER Z is having, she says she had got some loan form z earlier and he got her sign the blank stamp paper. she also says she had repaid the amount but he didnt give her the blank stamp paper which she had signed. But she never signed any advance agreemnt with him.
 
moreover this Z had filled up in that blank stamp paper like advance agreemnt and silently had put the case and got xparty judgement. But during this period of advance agreement of sale Y had took loan in an NFC which my seller X has repaid in full which is even mentioned in the sale deed between Y and my seller X. How can it be true that Y has signed an advance agreemnt with Z while having loan NFC, but the same is not mentioned in the advance agreemnt between y and z.
 
sorry for such long msg. would be really greatfull if u experts could give me clarity on this issue.
 
how can i tackle this issue.


Learning

 1 Replies

Santosh Sharda (self)     14 December 2012

1) The stamp paper business if not acknowledged by your seller, is obviously a fraud; in which case your seller has to proceed before the criminal courts for redressal and punishment to the fraudster.

2) with this copy of complaint, you could file a reply (when the fraudster files the appliation before the court against you for vacating). You might also be required to get a stay order against the order in favour of the fraudster, which will very probably be granted especially if you have a copy of the lady's (your seller) criminal complaint in hand.

3) Please remember, if your conscience is clear and you have acted honestly, the law will eventually tilt in your favour.

The step no. 1 will be the most helpful. If the lady (your seller) refuses, you could ask her to see reason as she will also become a defendant, if you are compelled to file the same complaint.


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