Advice on property legal issue
Kamal Arora
(Querist) 09 April 2013
This query is : Resolved
Dear Sir
Myself Kamal Arora I am fighting a case of specific performance from
last Six 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 lived on rent. After one
month she left with family to unknown place ,then one of the person in our
neighbours showed a aggrement with her signed 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 from 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 october 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 . Currently the
Cross examination is over from plantiff side. As a evidence he produced handwriting expert and showed that signatures and thumb impresion are matched with registry copy and the seller ex party.but in our hadwriting expert give questioned thru my advocate to cross the report of handwriting expert and make questioned arise in the handwriting report given by him like (aggreemnt and receipts type in same date with same ribbon with same type writer and also signature of the all with same pen etc.)
Currently i am staying in faridabad in same flat having issue.
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) only one witness is present as per contract out of three but they considered one more person who type the aggreemnt to another witmnesss. is that valid ?
(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.filed RTI AND CLEARED NO such branch aswell as account in bank.
(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.
v) After our registry and posession he visited to my house i.e isuued property and demand money other wise i will suit a file agansit you.
(vi) He prepared aggrement before to our aggrement date june 2006 and regaistry date 30 nov. 2006. showed attendance in tehsildar on 30 nov 06 and ready to complete the aggrement.
(vii) our aggrement was 19oct. 06 and registry date 17 nov. 06. atfer laon form hdfc bank with proper channel bought a flat after clearing previuos owner remianing outstanding after title search as per procedure by the HDFC bank.
please guideabout the case what are chances to win and other possibilties against us or plantiff in case got the our hadwriting expert report .handwriting report given by him like (aggreemnt and receipts type in same date with same ribbon with same type writer and also signature of the all with same pen etc.)
ajay sethi
(Expert) 09 April 2013
it is necessary to go through the case papers to advise
