Legal openion
Querist :
Anonymous
(Querist) 04 November 2011
This query is : Resolved
Please suggest me, I have purchased one of the site in the year 1978 from a person who is schedule caste the site was alloted to him in the year 1960 from City Improvement Trust Board Bangalore now it is BDA Bangalore Dovelopment Athority for the period of 30years hire purchase agrewment. We purchased it from him in the year 1978 for Rs.28,000 (Twenty Eight Thousand) it is almost 18 years after allotment and asper prosijer he has given a sale argeement in favour of my mother stated revived Rs.20,000 (Twenty Thousand) balance Rs.8,000 (Eight Thousand) before 60 days or after he mai get ABSALATE SALE DEED or Permision from consalting athority CITB at the time of registeration the site in favour of my mother.But he failed.
In the year 2000 he got the full rights power recived absulate sale deed from City Improvement Trust Board now he is giving trouble to us not registring the site to us asper the agreement made from him but he has given the vacant position on the day when he made sale agreement till now we are
Sankaranarayanan
(Expert) 04 November 2011
Are you made any agreement during the amount paid to him. More over how you said that you have purchased, still date it is in the x name , Without proper evidence of title you should not be the owner of the land.
So better to seek one local lawyer's help and follow his /her advise .
prabhakar singh
(Expert) 04 November 2011
If it is incorporated in the agreement to sale made between your mother and him in 1978
then your possession is protected u/s 53A of the TRANSFER OF PROPERTY ACT.When permission to sale is granted to him and it is written in the agreement of sale of 1978,then your mother should serve upon him a legal notice demanding him to execute the sale deed after receiving the balance consideration and it should also be stated in the notice that your mother have always been ready and willing to perform her obligation.
But doing all this is not a lay man job,therefore i advise you to engage a local civil law lawyer.
Last but not the least you must not loose
the possession you have over land in dispute,should the need arises you can get it protected by suit also.
Guest
(Expert) 04 November 2011
It is event bound contract. Whether you acted ready and willing during the term of contract to be decide. But the agreement period play important role. Without going into the terms of agreement I cannot opine
Guest
(Expert) 04 November 2011
yes, agreed with Adv. Singh Sb.
