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Himanshu Jaswani (Student)     28 August 2014

Please help.

Dear Members

My mother had sold a house on notary papers in 2013 and recieve 450000 as cheque.

He is not providing us that agreement copy. We fears that he had taken sign and thumb impression on loan papers too that we had taken loan from him. My mother has only one house now in which we are residing.Is he can file a suit on us in future on that basis of that notary papers. If yes then he can recover only 450000 cheque amount or any sum of amount or can ask for selling our house to pay him. Whether court favours him.


What else we shoud do now. Either transfer our house in my father name or in my name. My father also wittness that sale aggreement. Please help



Learning

 5 Replies

Advocate Vishnu (Advocate)     28 August 2014

Did your mother go to the sub - registrar's office and execute a sale deed in favour of the buyer...? 

1 Like

Himanshu Jaswani (Student)     28 August 2014

Thank you sir for taking my query.

No sir not execute in front of sub registrar because at that time gpa,will for transfer of property is banned by Delhi goverment. My mother father only moves to document writer office and sign and given the thumb impression on the sale agreement.

Adv Archana Deshmukh (Practicing Advocate)     28 August 2014

It must be an agreement to sell and not a sale deed I suppose, If it is an agreement to sell then, the person can enforce it thru court later on. So, you first get the copy of the document and understand its contents. 

Himanshu Jaswani (Student)     28 August 2014

He is not giving us the copy of agreement. I Don't know why may be he fears that we will file a suit to take back our property because we had purchase that property on GPA which is registered and stamp duty paid. But he purchased on notary papers only. MY query is whether he can claim anything in future from us on basis of that papers ?

Please reply members.

Manish (Proprietor)     29 August 2014

If the agreement is nt registered with in 4 months of execution thn the matter is complicated .

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