legal advice on property dispute fighting case of suit for specific performance
Kamal Arora
(Querist) 12 September 2012
This query is : Resolved
Dear Sir
Myself Kamal Arora I am fighting a case of specific performance form
last five years. I need your legal advice on this case request you to
please consider my case and give me suggestion. Actually the scenario
is this I had bought a flat under Housing board colony on 17th
November 2006(Registry date) and got a possession of the said property
currently I am staying there. Party who sells us left the place and
underground .After purchasing we knew that the seller was doing
lottery system. Lots of people involved in lottery system. After sale
of this flat she shifted to same sector and live on rent. After one
month she left with family to unknown place ,then one of the person in
neighbors made a forged agreement on the blank papers with her signed,
Put a case of suit for specific performance against the our seller
party and also keep party to us and HDFC bank form where I had taken a
loan and clear the previous loan already running in the name of
previous owner i.e seller .The person he is working with advocate in
tehsil form where the property document to be registered as a helper.
So he made the agreement showed before our agreement date i.e June
2006 and last date shown after our property document registered i.e 30
nov. 2006 and our agreement date was September 2006 and property
document got registered on 17 nov. 2006.also due to working with
advocate he also showed attendance in tehsil on 30th nov. 2006 for
registry. I need your help to make justice to us. I am afraid because
he is working with advocate he can do anything to cheat us . you can
call me any time oe email me k.arora1977@gmail.com . Currently the
case stage he produce affidavit in which only mentioned about the
aggrement details only.
About myself & current status as of now:
Court case running sector-12 faridabad and the status complete the
initial process like munadi,paper advertisement now he produce
affidavit in the court with mentioned explore the aggreement details.
Currently i am staying in faridabad in same flat having issue.
ajay sethi
(Expert) 12 September 2012
1)seller has signed the agreement with neighbour in june 2006 . document is duly stamped . registartion is not done as seller did not come for registration on 30th November 2006 hence he has filed suit for specifi performance .
2)your agreement with seller is 17th november 2006 and agreement is registrered . the issue as to whether document is forged or not will have to be proved by evidence .
3) in your case the advantage is that you have taken bank loan and have regd agreement . in additon you are in posession of property . case will go on for years
Kamal Arora
(Querist) 12 September 2012
Dear Mr. Sethi,
I want to clear out few points
(i) Aggreement is not registered and notarised.
(ii)On the receipt and aggrement shown no witness signature as well as the plantiff signature.
(iii) in the cross examination he has given wrong statement for first installment paid to previous owner about the withdrawl money form bank in same colony there is no such bank availble in colony with same name.
(iv) The lady sold out this flat to us lived in same colony for one and half month there is no action taken by plantiff like any FIR against the lady and against us. he simply filed a case against her and keep party to us.
ajay sethi
(Expert) 12 September 2012
2006 suit and the has reached final hearing?in mumbai it would go on for years . plaintiff will have to prove his case . you have engaged a lawyer . go by his advise
Kamal Arora
(Querist) 12 September 2012
Dear Mr. Sethi,
I want to clear out few points
(i) Aggreement is not registered and notarised.
(ii)On the receipt and aggrement shown no witness signature as well as the plantiff signature.
(iii) in the cross examination he has given wrong statement for first installment paid to previous owner about the withdrawl money form bank in same colony there is no such bank availble in colony with same name.
(iv) The lady sold out this flat to us lived in same colony for one and half month there is no action taken by plantiff like any FIR against the lady and against us. he simply filed a case against her and keep party to us after she left for unknown place.
(v) our lawyer ask about stamp paper who taken the stamp paper witness and plantiff told the name is cotradict.
Guest
(Expert) 12 September 2012
Surprisingly, you are expecting experts to contact you, while you are expected to contact any of your own chosen expert in the interest of your own cause!
Secondly, you have also not made clear, what actually is your query on which you want solution!!
Third, you have also not stated what is the opinion of your own advocate, if hired!!! If not hired so far, any reason for that?
So, better be rational and come forward with full facts/background of the case, if you really want some viable solution.
