How "B" could get his half of the property?
Querist :
Anonymous
(Querist) 07 April 2010
This query is : Resolved
Respected Experts,
I am herewith submitting a querry for your opinion. The query is:
“A” is the elder brother of “B”. Both of them have purchased some lands and paid sale amount jointly. But an Agreement of Sale cum General Power of Attorney was duly executed and registered in the name of “A”, since “B” was not available at the time of registration of the document. Due to faith and confidence on A, B has accepted the said transaction. Subsequently, when “B” is demanded to allot his half of the said land, “A” is refused to allot the same.
To strengthen the case of “B”, I hereby giving the following points.
1. Some part payment made through a Banker’s Cheque to the vendors. {Actually the said Banker’s Cheque has been taken by B through his bank account.}
2. Some Cash payment also made. {To prove the same, bank entry is also there in the bank statement of B.}
Even though the above payments are acknowledged by the Vendors, it was salient that the above payments are made by “B”. As a matter of fact, B’s name was not at all mentioned in the said registered document.
Hence at this juncture, can “B” file a suit against “A” for recovery of his half of the land. Plz. clarify
B K Raghavendra Rao
(Expert) 07 April 2010
No. The documents of sale transaction say that A is the owner of the property. All accounts of payment would not point to the fact that B was joint purchaser of the property but would only point to the fact that he has made payment but does not prove that it is towards payment of his share in the property.
Querist :
Anonymous
(Querist) 07 April 2010
Respected Raghavendra Rao garu. Namaste. Thanks for ur valuabe opinion. But I want to clarify that as per your opinion "B" is entitled to recover the money from "A" but not for half of the land.
(1) In this i want to clarify that why should "B" paid money to the Vendors, if B is not having any interest on the land, even though it is silent.
(2) In case if B has given a hand loan to "A" why should B take a Banker's cheque in the names of the vendors. plz.clarify.
Raj Kumar Makkad
(Expert) 07 April 2010
Both your queries have weight but despite of that it do not inspire confidence to bring to the only conclusion that B was a party to the agreement without which various interpretations can be made making payment of cash and cheque to the vendors rather to A by B.
Instead of initiating a civil litigation I suggest you to file a criminal case against A and vendors stating therein that a fraud has been played upon you by them conniving with each other. It shall definitely cover your matter and you my get desired relief otherwise there is no force in civil litigation on the lines of your desire.
B K Raghavendra Rao
(Expert) 08 April 2010
Payment could have been made by B out of love and affection, for past help and services rendered by the brother, to fulfill promise made if any on the advise or desire of parents - like this there could be hundred and one reasons. Banker's cheque or personal cheque is preferred for payment for the purposes of accounting and payment of income tax etc. Mere payment by one to another does not necessarily mean that he has acquired interest or title over the property or that it should be returned back.
