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satya prasad (manager)     07 July 2015

Sister not agree to register the land after paying total amount (without a agreement)

Hi Experts,

Greetings.

We are 3 children to my parents. Sister is elder. all are married. my father given a land to my sister. This land is register on her name purchased (before marrige).

In 2014 May, She want to purchase a land in her town. So she want to sell the land and we two brothers are willing to buy. As we 3, live different cities, we had discussion over the phone and she agreed for 12 lacs, me and and my brother both has to give 6 lacs each. First amount was sent to her on 21st may 2014. and we have sent rest on 6th July 2014. Then we have asked her to register the land. Becuase we trust our sister, we haven't taken any agreement for the deal and for the given money (All the money transfered via wired transfer).

Now we are facing problems:

1. We came to know that land papers are in bank because she took a loan on the land.     

2. She is asking 18 lacs. (We are from andhra pradesh, on june 2nd state is devided, and land rates increased )

4. I have taken a clear word over phone to close the deal for 12 lacs. now she is saying she can give the money back, but I have arranged this amount with very difficulty. I dont want to take money back. And we want that land and Sister and brother-in-law treatening that they will sell the land to other parties. (This land is a connecting land to other pady lands so my father is worried about it)

5. To take any legal action, my parents are worrying about the disputes in the family.

6. My sister working in forest department. If any legal procedures is there any effect on her job?

My brother stay in USA. I am younger. I really dont know how to proceed.  

Please advice us. 



Learning

 3 Replies

Jayashree Hariharan (Advocate)     07 July 2015

since this is within family, better to discuss with your sister. if you have any written communication (one is also sufficient) to prove that you mutually agreed for 12 lakhs. if legally you want to proceed, then you must have proof that the money was transferred to your sister for the purpose of buying her land. You can file consumer forum or suit for specific performance in civil court.

satya prasad (manager)     07 July 2015

Thank you madam,

As we transfered money through bank, we have transfred amount details.

If we get the phone recording, is that considered as the proof?  We dont have any other proofs.

We know that legal procedures will lead to disputes in family. We are trying to negotiate, but she is regid. 

Its been 1 year, So now i am trying to get information, what we can do to close this.

Jayashree Hariharan (Advocate)     07 July 2015

phone recording is valid proof. but it involves quite a few objections, as usual, saying its not her voice et al. but it is considered as evidence in court, if you can nullify her objections, if any, and if at all you file a case in the court. 

 

One issue you would find difficult is no agreement. because a case will be admitted in the court only after scrutiny of documents. the phone recording comes at the evidence stage only. So try to sit and finish it off as a discussion.From next time, please be careful.


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