Rachna (Associate) 08 April 2010

Possession of Property

"A" sold a property to "B"( his wife's brother i.e his brother in law).B got a sale deed prepared in which details of property were mentioned and it was also mentioned that the agreed payment was made through so & so cheque no.It was signed by both A & B and B took the possession of the property but never handed over the mentioned cheque to A i.e payment was not made. As they both are relatives so A kept on entrusting B's words and B kept delaying the payment.Then A sent a legal notice to B for the payment.But B neither replied nor made the payment. A also kept mum, did not filed any case.The sale deed was signed in year 2000.Now in 2010 he want to file a case. So, what are the possibilities and how the case should be proceeded.what should be done

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3 Replies

R.R. KRISHNAA (Legal Manager) 08 April 2010

As the consideration is not made to A, the sale is not valid (A sale is valid only after passing of agreed consideration).

Since the sale itself is invalid B does not get any title in the property. But A also cannot enforce his rights for declaration or any other relief since 10 years have passed by. Assuming B is in possession of the property, the only remedy for A would be to serve notice to B to quit the premises on the ground that B holds invalid title to the property and file a case against B for allegedly wrongfully occupying the premises (suit for eviction).

adv. rajeev ( rajoo ) (practicing advocate) 08 April 2010

Now A cannot do anything because he has already executed the sale deed in the year 2000. If he files a suit for declaration to set aside the sale deed it wont maintain because of limitation.