Satish (farmer) 04 November 2013

The sellers and brokers are missing after the agreement

Dear All,

I have entered into an agreement to buy a plot in Nellore, AP, appx 1yr ago. When i was ready for registration i heard that the first owners documents were manipulated and sold to the second buyer in the chain. I decided not to go ahead with the transaction and asked my broker to cancel the agreement and get my 3lacs advance back to me. The other party X agreed to pay back 3lacs in three installments. I came to know from the broker that the lady X has died due to some illness and she has no kids or husband.

I have no clear idea about who are the real owners of this property ( lady X or others) as it was originally registered in 80's when there was no ID or photo's required for registration. There has been no one occupied the plot since it was sold to the second buyer appx 5yrs ago. The lady X might be the real owner, but i dont know.

So, it is clear that i will not get my money back as the lady X has died and there is no legal successor with my with my knowledge. Is there any way that i can claim the plot through the court by giving ad in the paper etc?

Please advise me.

Many thanks,

Satish

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 04 November 2013

Here you have to do two things.(1) Findout where abouts of your seller, who executed an Agreement of Sale if any, executed in your favour. Or atleast, the legal heirs. (2) Find out on whose name, the property stands at this stage. You better to take an E.C.(Encumbrance Certificate) in respect of the said property since 15 years. Then only, you decide what you have to do next. You have no right to file a case against your broker, if he witnesses on an Agreement of Sale, there is a chance to proceed further.

Satish (farmer) 04 November 2013

Thanks Mr.Subramanyam Garu.

1. The broker is not picking up any calls(from different numbers too) for the last 2months. He knows about the person who has enetered an agreement with us. He told me once the lady who owns the property has died and that she does not have any legal heirs.

2. The latest entry in the EC is of that lady. She has been owning the property for the last 15+yrs. As you said i can not file crimanal case against the broker as he did not witnessed the agreement document.

I suspect that the broker has created this situation to cheat on me. Cant i take the help of the court by requesting them to surrender the property in absense of the sellers?

Many thanks,

Satish