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vsp (developer)     18 May 2011

Money paid but no written agreement of sale

Hello,


My parents brought a room in a chawl in mumbai from my fathers brother (Uncle) about 17 years ago. The purchase amount was paid full in cash. The room was in the name of my uncles wife (Aunt). After receiving the amout , uncle handed over the original documents to my parents which included all documents related to room purchase and stamp paper affidavit between previous owner and aunt.

       We are in the possession of this room for last 17 years. We are paying the electricity bill, society charges. The room is still on my aunts name since no paper agreement is made between my parents and aunt stating the sale of room. Inspite of reminding them several times thay have made excuses and said that there wont be any problem from their end even if there is no agreement. Now this chawl is going for redevelopment and this uncle aunt are showing their true colors and have started saying that they are the owner of the room and they will get the flat in new building. They had never turned up for anything for past 17yrs and all of sudden they have started making their claims.

What can be done to stop them and get justice?

We have the original documents related to room. we have original receipts of society charges that we have paid for all these years. we have letter from societ that we are the people staying at the location for past 17 years and been paying up the society charges. we have original stamp paper on which Aunt has given her consent to transfer the electricity meter permanently and forever to my dads name. We have also had few tenants at the premises over the years.

Please let me know what i can do to ensure that this evil Aunt does not cheat my Parents and take away their hard earned money.


Thanks,

V



Learning

 1 Replies

pervez (adviser)     18 May 2011

Dear, In this particular case, your claim is strong enough as you have sufficient evidences of possession including possession of original title deeds. Try to convince them through local advocate ( having knowledge of civil /property law). If nothing comes out, issue notice and file a civil suit for specifc performance of contract where you can pray for executon of sale deed besides other relief...

regards


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