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nilesh   05 April 2015

Whoever solves it, gets the money

So back in 2013, i had given money to my neighbour, in some of XXXXXX amount, partial cash and remaining cheque.

we got the document notarised with the lawyer at the same time.

but due to his personal family reasons, he had to travel to his native in hyderabad, where he died due to his health condition and we could not register the document of sale deed.

now coming to the actual problem:

the property that he sold me, for which i made part payment, is the ancestral property. that means, the land belong to the deceased mother and the person (who died recently) has three sisters, but according to saledeed he made with me, he said, being the "son", the rights automatically come to him and he would mention that in the deed(which we also did in notorised agreement).

 

As he died in between, the procedure, i went to his family(sisters and wife) for condolences, and told to his relatives about the problem, for which they agreed to solve the problem, by giving me share of the property or by giving me my original invested amount back. but when i came back from hyderabad, they stopped picking up my phone and responding to my texts.

 

Now since the agreement is notorised, i know i cannot win the case in court, plus its a ancestral property so there is conflict of interest for the sisters and wife, who have right on the property before me. 

So i have lost quite a lot of money in this,

can somebody please help?

whoever clears this, will get rest of the money of the sold property minus my invested amount.*

(i just want my invested capital back)

Please reply asap.



Learning

 13 Replies

nilesh   05 April 2015

Plus to give extra detail:

the property is not gifted to anyone in the family. not to the son or daughters. 

and yes, i do have original land papers with maps and all..

plus i have seen the plot, it exists

Alkesh Agrawal (Advocate)     06 April 2015

Firstly, pls tell us where the property is located.

Secondly, a simple civil suit for specific performance of contract is possible, it will not give you the property but it provides a chance to drag the relatives to the court and come at a compromise.

Regards,

Alkesh Agrawal.

nilesh   06 April 2015

Mr Alkesh,

Property is located in hyderabad.

and i don't want the property, i just want my invested money back. 

This is very important for me because it was my first investment, and which backfired.

Advocate Ravinder (Advocate/Attorney)     06 April 2015

You have purchased a defective title.  You have purchased the property without verifying the hierarchy. Though the deceased sold you entire property, in practical you will get only ¼ share and the other ¾ share will go to the other 3 sisters.  Since the sale deed is not registered, you have to file a suit for specific performance against the legal heirs of the deceased.  If you are not interested in getting the property, you can ask for refund of your money along with interest from the legal heirs of the deceased. For further doubts call me 7893011777 or ravinder2345@gmail.com. 

nilesh   07 April 2015

you are absolutely right Mr Ravinder, i want to get away from the problem as early as possible, but will me filing a civil suit for specific performance will hold in the court of law?

Advocate Ravinder (Advocate/Attorney)     07 April 2015

Yes, definitely.  Even Unregistered agreement of sale also holds good in court for filing specific performance case.  In your case though sale deed has full and exclusive rights comparing to agreement.  But since it is not registered, its veracity is reduced to Agreement of sale. 

Nathaniel Peter (M.Sc (C.S))     08 April 2015

Nilesh, the deceased mother has 3 sisters and 1 son who died recently after taking your money. 

You have paid Rs X in cash and Rs Y in cheque to your neighbor and notarised  the document with the lawyer at the same time. Advocate Ravinder said is appropriate. Hope this link will help you. https://socialregenerationandequity.blogspot.in/2013/10/womens-property-rights-in-india.html

As the deceased mother has 3 daughters. Read the topic Hindu Succession Act 1956 in the above link for woman's property rights where it is written as "  If a Hindu woman dies without making a Will, her property will be divided among her Class I heirs[5]. Her Class I heirs are"..

1.     Her sons and daughters, including grandchildren in case her children are deceased and the husband. If there is a child in the womb of the female when she passes and the child lives, the child is eligible to inheritate just as any other son or daughter.
 
2.     In absence of the above class of heirs, the property would devolve upon the heirs of her husband.
 
3.     In absence of the heirs of her husband, property will devolve upon her mother and father.
 
4.     Then to the heirs of her father.
 

 

5.     And lastly to the heirs of her mother.

The prize goes to Adv Ravinder.

T. Kalaiselvan, Advocate (Advocate)     10 April 2015

Firstly, there are chances t retrieve your money by filing a suit for specific performance of contract against the legal heirs of the deceased vendor.  You should not show that you know the facts that the vendor did not have perfect title to execute sale.  Be careful to not include the sisters of the deceased in the suit as a party, let them come to the court with an application to implead themselves as party, this strategy will help you see the relief very son since the ladies will not endure the court proceedings especially when it is being dragged on. There are lot of ways to tackle this issue, but you should engage an expert advocate who will be able to handle properly and accordingly.

Last but not least, kindly do not lure the advocates here by your offerings, the learned people have not become so cheap to be attracted to your such offers, which is disgusting and irritating.   You can make any such agreement with an advocate in private and not in a public portal like this, please bear it in mind that the members here dedicate themselves by sacrificing their time, energy, economy to render their best services to the needy and distressed people, so do not throw such undesirable things.

Biswanath Roy (Advocate)     15 April 2015

You may mail me a scanned copy of the Agreement for Sale along with receipts of cash money paid and details of cheque payments made in terms of said agreement that can enable  me to help you.

Nathaniel Peter (M.Sc (C.S))     16 April 2015

First mother was deceased then her son was deceased. Payment was made to the deceased son by Nilesh when he was alive and the documents was notarized in front of lawyer but not registered due to some delay and later the son died who took the payment from Nilesh.

 

Advocate Ravinder have not mentioned what will happen to the money which Nilesh paid to the deceased son.

 

Advocate Ravinder only said that Nilesh would get 1/4 and the rest of the sisters of deceased son gets 3/4. 

 

Does it mean that Nilesh would get 1/4 of property even though he paid the whole money for the entire property or will Nilesh get the 3/4 money back as the 3/4 property was given to the rest of the sisters of the deceased son?

 

Last night in my dreams I saw that on the last day I foretold about this topic and these words, 

" Whoever solves it, gets the money " then everyone in the class jumped then I said wait it is not my words but someone in this forum here.

Biswanath Roy (Advocate)     16 April 2015

@  Mr. Peter,

The caption of the Query is a foolish one just to befool the legal experts which is objectionable. Evidently the experts are dignified scholars rendering free services to the needy litigants who cannot afford to pay high fees of the experts.  Attempt to allure such experts is a childish game which ought to be refrain from in all fairness.

nilesh   19 April 2015

With all due respect to all the lawyers and their professional integrity, I had no intention to to cheapen their efforts, specially to Mr T. Kalaiselvan,it was my actual intention to give the remaining property. I just wanted to get it resolved as soon as possible and since i had all my money is involved in this, the only thing i can pay is the property for which i have invested my money. I hope this clears the air on the issue. and As mr Peter has asked, what exactly will i get in return?

Plus to Mr. Biswwanath Roy, can u please send me your email ID.?

Biswanath Roy (Advocate)     19 April 2015

My e-mail ID is,- bnroy.advocate@gmail.com


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