Property dispute
Malcom
(Querist) 20 April 2016
This query is : Resolved
Dear all,
my Mom owns 2.5 acres of land in Coimbatore. 2 years back some X person approached us and wanted to buy that land. we finished the deal for XXXX amount and the purchaser gave us 1 lack rupees and promised that he will give us remaining amount and complete the registration within a month. Also he took a note from us on a post-card sized white paper saying that we received 1 lack for this property as a token of advance and the buyer should settle the remaining amount within a month.(signed by me alone )
But the buyer did not fulfill his promise and we tried to return his money but he refused to accept the money also he threats us that he wants 10 lacks in return for 1 lack.
he has a political background and he never allow others to buy the land.
mean while my mom passed away recently and the buyer started threatening us strongly. Even police did not take our complaint.
could you please help me to get rid of this situation.
Thanks.
Guest
(Expert) 21 April 2016
Whether you have possession of land with you only with evidence ? like local tax,electricity bill etc. (Sorry local condition I don't know)
Guest
(Expert) 21 April 2016
which document you register ? read headig of document and tell
P. Venu
(Expert) 21 April 2016
There is real problem other than your fear. He has no enforceable right other than the return of the advance amount from the legal heirs of your mother.
Malcom
(Querist) 22 April 2016
@Madhu - Thanks for your valuable time. the land is in our possession. all govt tax/bill are with my mother name. No document registered with the buyer apart from a piece of white paper as discussed earlier
Malcom
(Querist) 22 April 2016
@Venu- Thanks you so much for your soothing words. is that piece of white paper signed by me legally accepted by law? he often calls asks for 10 lacks in return. how can I legally stop this.
Thanks,
Guest
(Expert) 22 April 2016
P. Venu Sir ,
Has rightly advised author of this thread.
Additionally I would like to add
Update the land records. Take
Land record up gradation process as per your personal succession law It is very easy because it relates to various agriculture person.
But Land Record is highly corrupt.
Out of land record department there are various agents do some research , as well as from office staff they make all papers and your name will be inserted .
Legally agents / typist should not be entertained . Legal cost of making document of upgration should not be more than 1000/- (Your state ask for Heirship certificate etc. then other issue. Then you have to consult again )
Else in Maharashtra Land records upgration process is as follows
1) 1 Application
2) 1 Affidavit of all legal heirs as per personal law including address or contact details
3) Death Certificate (You get multiple copies of death certificate from local govt. so they ask original only)
4) Land Record Extract
5) After submission they send notice to all legal heirs
6) Statement of one person is taken
7) Interim order is shown or issued , if no objection received from parties then name is inserted
8) If there is dispute then Person in charge of Land Record Dept. decides and pass written order . There is 2-3 appellate authority.
9) Do name up gradation quietly don't go and tell that person. Else showing stupid Locus standing in matter he will appear to trouble and delay the matter
10 ) Even Typist out of Land record office can help you , because Govt have made all standard format so people don't have trouble of searching for advocate etc. And this is readily available with typist sitting outside like form of application, form of affidavit
Rajendra K Goyal
(Expert) 22 April 2016
Proper advice can be given after referring the documents. From the query, it seems you have a good case in your favor against his demands.
RAVI K GOUD
(Expert) 25 April 2016
Is there any agreement of sale for the transaction or only money receipt? Who has signed the receipt/paper?
If you can give the details the advice can be given, meanwhile apply for the mutation of all property documents on your names with concerned revenue or municipal depts., as your mother is no more and do not leave the possession of the property in issue.
Malcom
(Querist) 26 April 2016
@Ravi K Goud - Thanks for your valuable time on this. It is a money receipt on a post-card sized white paper saying that we received 1 lack for this property as a token of advance and the buyer should settle the remaining amount within a month.signed by me alone. there is no stamp or legal paper in place.
RAVI K GOUD
(Expert) 27 April 2016
1) As the property is in the name of your mother, you can sign on/receive the consideration as an advance on behalf of her if she has given any Authorization or GPA/SPA to you otherwise you have no right to sell the property as you are not the owner of the property. So the receipt itself can not be considered for the transaction of sale and there is no validity. In the worst situation, the so called buyer can receive back the amount from you as he has paid to you or he can take action civilly or criminally against you but not against the property.
2) As there is no stamp duty paid on the money received the same cannot be considered as legally enforceable document for the sale transaction.
3) For all purposes, it is the time of month, taken by the buyer to complete his part performance and as he has failed to pay the remaining money in time the so called document is a time barred one. So if you are willing to close this issue you can give a notice to him about his failure to comply with the terms of the receipt and state about your liberty to transact with any other third party. In the notice you do not put any extension clause and also do not accept for any extension if it comes from the opposite side.
So it is better to consult a local lawyer with the above options and try to take the right choice.
Wish You all the Best...
