Respected Forum members, Please advise.
We want to get A sales agreement cancled and Declared null and void.
One day My uncle suddenly came to our home when no one was there except my mother. He through force and lies, made my mother sign Sales Agreement on Rs 20 stamp.
My uncles gave wrong information regarding the status of the land and value of the land.
My uncle got the Agreement drafted in English, the language which my mother does not udnerstand.
Agreement states that only unligigated legal share would be sould to him or person of his choice. But now land stands dipsuted, there is no calue in the agreement which states that where my mother cannot enter into compromise.
Furthermore some part of land has already been acquired by Goverment long before agreement was signed, and cannot be sold. He now says he is entitled compensastion not my mother. Even though she signed only to sale remaining land.
No consideration has been paid. The agreement has been made where consideration will be paid only before sale.
Further there is no expiry of agreement.
He is not following the agreement and what is written in agreement and trying to enforce what has not been written in agreement,
He sent legal notice stating we cannot sell my litigated land to someone else or enter into compromise and we must only sale through him. Even though such clause does not exist in the agreement.
Not only that he already have got one property sold through another agreement and even after sale, even after years has passed consideration amount has not yet been given. He forced my mother to say she recieved money infrot of registry officer.
He is threating for FIR, civil and cirimiial ligitation against my mother in regards to this agreement. He is miss using he influence and our weak financial conditions for his own gain.
We live in Bihar, but land Is In Jharkhand, and My uncle also lives in jharkhand.
Please Advise what can we do in this situation.
We talked with two senior lawyers, they both said ignore what he is saying, this agreement is not enforceable. Rs20 stamp agreement is null and void, minimum rs 100 is needed. He said just file an informatory petition. He said there is no need to get it cancled as it is not valid in the law. There is no way to get it cancled as it is already invalid and illegal.
We want to get it cancled if it is possible to avoid false cases and leigiation from my uncle. WHo is an influential man.
