Urgent response required PLEASE
Querist :
Anonymous
(Querist) 11 April 2010
This query is : Resolved
I have a query regarding a case of 420 filed against a SALES DEED.
A commercial complex was built on a property with a partnership between land owners and builder in a proportion of 40-60% respectively.
The land owners being Mrs. A ( mother of B, C and D) and the Builder being Mr. E.
A, C and D passed a affidavit in favor of Mr. B for any sales to be made.
Mr. B signed the sale deed as a 'Sehmatidata'.
Mrs. A died 10 years back.
Mr. E sold his part of property to a person F, 5 years back.
A point was there in the sale deed that all the affidavits are in presence.
F filed a report in police under case 420 now, that B and E have cheated them by mentioning that all the affidavits are in presence whereas Mrs. A died before the sale deed was made. And that they are having problems in getting a loan against the said property.
The query is in belfalf of Mr. B
Q. What can be done in such scenario?
Q. Is Mr B liable in any case, as he has only signed the sale deed as a 'sehmatidata'.
Q. Won't the affidavit expire automatically after the death of Mrs. A?
Q. I it justified that F is filling a case now, whereas he also signed the sale deed?
Urgent response awaited.
Raj Kumar Makkad
(Expert) 11 April 2010
F cannot file any proposed case as threatened just to pressurize all legal heirs of deceased A.
B has no danger of any type because he had just signed as Sehmatidatta and he is not responsible for the contents of affidavit/sale-deed.
