Flat dispute
neha
(Querist) 23 December 2014
This query is : Resolved
Dear sir/Madam,
"X" has given his FLAT(bought from partneship firm) sale deed papers as a surety(on oral agreement) in 1998 to "Y".But now encumberance statement is showing the name of "Y".Such sale deed is representing that sale is made between "Y"(PURCHASER) & PATNERSHIP FIRM(VENDOR).
Another information is both "x" & "Y" were expired nearly 5 years ago.
Please suggest whether X'S legal heirs have any chance to sue partnership firm?
Thanks in advance.
ajay sethi
(Expert) 24 December 2014
if no regd sale deed has been made property cannot be transferred in name of Y . mere deposit of title deed does not amount to sale
neha
(Querist) 25 December 2014
Sir if one property is sold to more than 1 parties.,which party has right over it?
prabhakar singh
(Expert) 25 December 2014
All co purchasers would jointly own it.
If the property was bought by vendee 'x'from
a partnership firm,it would be valid only when all the partners of the firm signed the
sale deed or in case it was signed by any one of them holding a registered POA with right to sale,then in case such a sale deed is registered makes it valid transaction.
Such a sale deed can be placed by 'x'as equitable mortgage for himself or for someone else,you say for ý' for a loan advanced by let me say 'z'.
BUT THIS KIND OF EXERCISE OF OWNER 'X'WOULD NOT MAKE Ý' AS OWNER,ONLY 'Z'CAN PROCEED AGAINST THIS PROPERTY IF Ý' FAILS TO PAY TO 'Z'.
SO YOU HAVE FAILED TO TELL FACTS AS THEY MIGHT BE.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
The details given are not sufficient to give a proper opinion, it appears to be a foul lay played by somebody in the gap and fraudulent transactions have taken place. Better give the full background so that you will get more proper opinion from all the experts.
neha
(Querist) 27 December 2014
Sir, actually one my friend's father(Say A) brought a flat from XYZ(Patnership firm).Sale deed was made & also registered between them in 1993.He lived in that particular flat for 5 years.He also paid municipal taxes on his name."A" has given flat sale deed papers on surety to "B" in 1998.No written agreement is made between them.Only Papers are handed over to him & left the flat."A" failed to go back to settle the amount.He didn't signed on any documents too.
5 years ago both "A" & "B" were expired.Now legal heirs of "A" want to claim their father's property.
But encumberance is showing the name of "B".Is legal heirs of "A" has any right over the property?
Rajinder KumarAhuja9990725300
(Expert) 07 January 2015
Possession and title deeds (in favour of A), with B will not make B the owner of the flat. A's legal heirs can claim the flat from A, through suit for possession. It is B who will have to explain as to how he acquired possession of the flat. Consult a local lawyer with all relevant papers and specially an explanation as to why their rights were not claimed by the LRs of A for such a long time.
