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Pradeep Kumar (Support Manager)     26 November 2012

Query on a property (site ) deal



I had purchased a site in Bangalore in the year 2003. I was supposed to construct house in it, but due to non availability of funds I could not do so and the site was idle.

In the year 2005, somebody came to built a house in this site which I came to know on day one itself. We had heated discussions and finally i was able to stop him doing the work. Then I went to the court for a permanent injuction. This case started from 2005 october onwards. Mean while the other part also filed a case.

Actually, the original land owner had sold this site in the year 1992 for 2 persons. that is he sold the site in Jan 92 to a person called "A" and then again in Feb'92 to a person called "B".  bith are registered sales in the restistrar office. A after 4 years sold this site to a person called "C". From C I purchased in the yesr 2003.

On the day we had heated discussions on the ownership of the site in 2005, the original land owner who sold this site to 2 persons in 1992 also was there as part of the discussion and he agreed that there is mistake from his side and he told "B", that he will arrange an alternate site to "B". Based on this "B" approached the land owner couple of times with out any results. When "B" received notice from court as part of my injuction suit, he filed another  Declaration Case aginst the land owner, saying that, the land owner has duped him by selling the site that was already sold to another person (by name "A") and as such he prayed the court to declare him as the owner of the site or alternatively order the land lord to give him an alternate site.


Both the above mentioned are still going on in different courts. Mean while, somebody advised me that since the case is going on for more than 7 years without any progress, they said that they will buy the site from me and then negotiate with the land owner and the other part "B" and either give gie the site to party "B" and collect money from him or sell the site to some one else and give share to part "B". Believing them I entered in to an Sale agreement  for 8 lakhs with that person and he gave me 4 lakhs in a form od DD and balance 4 lakh a post dated cheque. He also took a GPA along with the sale agreement and told that he will get it registered in his name after the cheque gets cleared in one month.

But the cheque returned from the bank uncleared, I re-presented again it returned back. I tried to contact hm, but he started avoiding me. Finally I apprached an advocate, he sent notice to the buyer, as told in the notice that if he does not clear the balance 4 lakhs then the amount of 4 lakhs paid will be forfitted and the GPA and Sale agreement stands cancelled. The buyer received the said notice but kept quite. Later a paper notification was given saying that the GPA and the sale agreement entered between me and the buyer stands vanclelled. After this incidet around 10 months got over, and the part "B" with whome my injuction order case is going on came for negotation with me and he agreed to pay me 10 lakhs and in trun I have to leave him the site. This was agreed and he paid me the money and I with drew my case against him and agreed in the court that he is the owner of the said site.


Now when "B" goes near the site for putting fence, the person with whom I had dealing initially creates problem saying that, i ll not allow you to put fence or any other work, this belongs me etc etc.


Could you kindly advise what is the impact of this on me ?. I have sent 2 nitoces to the person who is creating prblem that since the cheque is bounced, the GPA and the Sale agreement entered into stands cancelled and I have published the same in  news paper as well.  Now for all practical purposes and on documents, party "B" is thje absolute owner of the site.


Kindly advise is there any issue on me in this deal ?. Can party "B" or the other person file a case or police complaint on me ?? or any other complications ??.


Kindly advise





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