Naveen Kanth Dasari
07 September 2022 at 17:15
Dear Experts,
I am a Practicing Advocate, I have a query regarding Agreement of Sale, I have filed a case for specific performance.
The Facts of the case is that my client entered into an Agreement of Sale with a property owner(Who is a close friend of my client) for total sale consideration of Rs.25 lakhs out of which 5 lakhs was paid as an advance by my client to the property owner and the remaining balance of 15 lakhs shall be paid within 45 days of the Agreement and after receiving the advance the property owner signed the Agreement of Sale and handed over the possession of the property to my client and my client has done some renovation spending 5 Lakhs and since then my client is in the possession of the schedule property. The terms of the Agreement was that my client shall approach the bank for loan to repay the balance sale consideration for which the property owner also agreed, however after sometime the property owner did not cooperate with my client or with the bank people for verification of the property documents in the result the loan was rejected, unable to bare the attitude of the property owner my client approached me for solution and at first I sent a legal notice to the property owner giving him 7 days time to cooperate with the bank and also cooperate with my client for registration of the property after taking the balance consideration. The notice was received by the property owner however he did not reply the notice whereas orally approached my client saying that he do not want to sell the property. Later on I filed a case in the court praying the court to direct the Defendant to co-operate with the Plaintiff in availing the bank loan and also direct the Defendant to execute a registered sale deed in favour of the Plaintiff or her legal heirs on the agreed sale consideration.
The property owner received the summons and appeared before the court and his counsel filed Vakalat and since he nor his counsel are appearing before the court, however my client arranged the balance amount from other sources and ready to pay the balance consideration without approaching the bank for availing loan, my client even after filing the case and also after arranging the amount approached the property owner for amicable settlement but the owner did not cooperate.
My Query is:
1. Do i have to file an Amendment Petition for Amendment of Plaint as the earlier facts was that my client wanted to approach the bank for loan and the owner was not cooperating, however now as my client has the balance amount and she is ready to pay the property owner and go for registration?
2. Or can i deposit the balance amount in the court?
Please Advice
Thank You.
Naveen Kanth Dasari
10 October 2019 at 15:15
Hello Experts,
I have query regarding one of my property. We are three brothers and my mom have acquired some 150 sq.yds of property through my maternal grand mother by way of a WILL. Later in 2006 the same property my mother transferred the property to us three brothers by way of a registered gift settlement deed, however it is no where mentioned in the Deed that all of us have equal share its only a simple Gift. Now I and my younger brother wants to sell the property as we stay in that house and as we live in our respective portions (my elder brother live on the first floor and me & my younger live in the ground floor) but our wives always quarrel with each other on a daily basis so unable to bear this I and my younger brother have decided to sell our share and buy some new house in different places, but my elder brother is not allowing us to sell the property though we have also asked to purchase the property if he is interested, however earlier my elder brother tried to sell his share to some third party and when i objected to it as I was interested to buy the same. Now our problem is we cannot live like that our wives fighting with each other on daily basis. I want a final solution for this. my queries are:
1. Can I file a case in the court so that the court can order my brother not to interfere in our property and we can
sell it easily without any problems?
2. Can we sell our share of property? can my brother file a case against us?
3. Is there any other remedy? But most probably i want a court order?
Plz suggest me.
Thank You.
Naveen Kanth Dasari
04 June 2019 at 12:50
Hello Experts,
I have a query regarding agreement of sale.
One of my client have entered into Agreement of Sale with owner of the property in August 2018 for a total sale consideration of Rs. 25 lakhs and out of the sale consideration my client have paid Rs. 5 Lakhs as advance at the time of agreement and since the date of agreement my client is in the possession of the property and also my client have spent Rs. 3 Lakhs for renovation work like replacing the floors with tiles and white washing, etc and as per the agreement my client have to pay the total amount in two months. However at the time of agreement he informed the owner that he have to approach the bank for loan for which the owner also agreed to co-operate with him for providing any documents when required, but when my client approached the owner to provide him the Vendor Form as the same had to be submitted before the bank for loan approval, but the owner did not co-operate and after constant follow ups he has given the Vendor Form after 4 months from the date of agreement and when the bank officials had asked my client to get the owner to the bank for documents verification but again the owner is not co-operating. Further last week the owner of the property came to my client and asked him to vacate the premises as some other person has offered 30 lakhs for the said property. Now my clients problem is he has spent around Rs. 3 lakhs for renovation and he do not want to leave the property as the owner without his knowledge is trying to sell the property to third person. Further the agreement of sale is an unregistered agreement.
My query is Can i file a case under specific relief act praying the court to direct the owner of the property to come forward and execute the sale deed in favour my client and also can i file a perpetual injunction suit along with specific performance. Please suggest me.
Thank You.
Naveen Kanth Dasari
06 September 2018 at 21:17
Hello Experts,
I have a query regarding Sale of a Property and Let us assume the parties as XYZ.
A father (lets assume him as X) filed a suit for injunction on his son (lets assume him as Y) pertaining to a property stating that he has purchased the property with his earnings on his son Y's name (but he does not have any proofs of earnings) , however the son Y says that he was a bike mechanic since a very young age and whatever he used to earn he use to give his father and with his income the said property was purchased. Meanwhile before father X filing a suit for injunction against his own son Y, the son Y gifted the said property to his son Z which father X does not have knowledge about as such Z was not made a party in the Injunction Suit however father obtained a Status Quo order against Y in the Suit. Now as the matter is pending in the court Z wants to sell the property as he has some debts to clear.
1. Now my question is can Z sell the property as he is the owner & possessor of the said property and moreover he is not a party to the suit.
2. And as far as I am concerned the suit filed by X against Y is not maintainable as their is a Mis-joinder of parties.
3. And what consequence Z will face if he sells the property will he be booked under contempt of court.
Plz suggest.
Thank You.
Naveen Kanth Dasari
27 June 2018 at 13:36
Hello Experts,
I have a query regarding AGPA.
My father and two his brothers executed AGPA in 2006 pertaining to a joint property of 2 Acres and it was mentioned in the AGPA that the GPA holder paid an amount of Rs. 60 Lakhs towards total sale consideration, however the amount was never received by my father or my uncles and till now the property is in the possession of my father & his brothers and till now the GPA holder has not approached us for execution of Sale Deed. So, my doubt is whether the GPA is still valid after 12yrs and what is the time limit of AGPA and the whereabouts of the GPA holder is unknown. What is the procedure to cancel the AGPA without the consent of the GPA holder.
Plz need your advice
Thank You.
Naveen Kanth Dasari
18 June 2018 at 15:24
Hello Experts,
A mother purchased a residential property in 1980 out of her husband's earning and still the mother is alive and the couple have 7 children, however the eldest son wants to file a partition suit as mother with the instigation of her other children is trying to alienate the property. My query is can a suit for partition be filed as the owner of the property is alive or any other suit which can be filed to stop the alienation of the suit property.
Plz need some suggestions.
Thank You.
Naveen Kanth Dasari
27 March 2018 at 15:06
Hello Experts,
I have a query regarding Injunction Suit.
An open plot was purchased by Grand father on his Grand Son's name when he was 13 years of age and since then the property is on his name. At present the Grand Son is 50 years of age and even no construction is made on the open plot until now, however the father of the son has filed a Suit for Perpetual Injunction against the son claiming that he purchased the property out of his own earnings and not the Grandfather. The father had also filed 3 interim injunctions against the son for not to alienate the property, not to interfere with the peaceful possession over the property and not to alter physical features of the property pending disposal of the main suit and obtained a Status Quo order in one of the interim injunction pertaining to not to alienate the property.
However the actual facts of the case are that the father along with his 3rd son sold the property in February 2016 to his own daughter by forging the signature of the 1st son(the actual owner), and the 3rd son mislead and represented before the Sub-registrar that he is the actual owner, meanwhile the same came to the knowledge of the 1st son and after lot of hue cry made by the 1st son, the 3rd son again executed a cancellation deed in July 2017 pertaining to the Sale made in February 2016 stating that the Vendee did not oblige to the terms and conditions for the sale consideration and has not given the physical possession to the Vendee as he has not received the sale consideration from the Vendee. Further in September 2017 the 1st son after the cancellation of the sale deed to safeguard his property has executed a Gift Settlement Deed in favour of his own son and even the son has executed a Deed of Development cum irrevocable GPA to a third party for development of the property in December 2017.
Now my query is whether the suit for perpetual injunction is maintainable as the actual owner is the 1st son and by illegal means the father, 3rd son & daughter a executed a sale deed by forging the signature(signature is completely different from the true owners signature) and misrepresenting before the Sub-Registrar that the 3rd son is the owner and will the court pass orders for interim injunction in favour of the wrong doers even if actual facts are brought before the court. However the 1st son has not filed any criminal case against them as they are his blood relatives.
Plz need your advice as a counter and WS has to filed in this case.
Thank You
Naveen Kanth Dasari
31 January 2018 at 18:43
Hello Experts,
I need some suggestions regarding Money Recovery Suit.
Lets us assume A & B as persons. A issued two cheques to B as he has taken a hand loan of Rs. 1.35 Lakhs, however A promised to pay the said amount within 6 months but unfortunately A died without repayment of the hand loan amount. Now B approached the wife & children of A as they are the legal heirs of A and requested for the repayment of the said hand loan taken by A, however they posed deaf ear and upon several request made by B, the wife & children of A asked B to deposit the cheque issued by A in the bank for its encashment as A's account has sufficient amount, believing their version to be true B deposited the said cheque in his bank account but the same was returned unpaid for the reason Funds Insufficient, B again approached A's family but again they posing deaf ear. Now my query is can a Money Recovery Suit be filed making A's wife & children as party as they are the Legal Heir and also A's wife is receiving family pension but B does not have the knowledge of the Account Number.
Plz suggest.
Thank You.
Naveen Kanth Dasari
20 November 2017 at 08:31
Hello Experts,
I have a query regarding Muslims property distributions.
There are an old couple have 2 sons & a daughter, unfortunately one of the son died leaving behind his 4yrs old daughter & wife. The old couple has acquired some properties and the deceased son's wife wants the old couple to gift any one property on her daughter's name(i.e., grand daughter of old couples). However the old couple are not willing to gift the property as their may be a threat to the property, as if in need of money their daughter-in-law might sell the property, thus the mother of the deceased son has executed a WILL on her grand daughters name bequeathing her property which she acquired through a gift settlement deed. However the daughter-in-law & her family members are threatening the old couples with dire consequences that if they won't execute a gift settlement deed in favour of the grand daughter. Now the old couples are worried as the family members of their daughter-in-law are pressurizing them.
Now query is apart from filing a complaint before the police, what other measures can be taken for the safety of the Old Couples and any other relief's according to Muslim Law.
Plz suggest.
Thank You.
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Removal of existing body in a soceity
Hello Experts,
I am a lawyer I have a query regarding removal of existing body and appointment of new body in a society through court.
A religious society is registered in 2010 in Telangana and since then they are conducting religious work & services through the society, however since few years the members of the society is misusing the funds of the society which is collected from the public and also not showing any account statements of society or books of accounts as how much fund is being collected and how much is spent, a land was also purchased in the name of society in the year 2011 but the body members are not giving any details of the land as well and when questioned they are threatening the public by stating that they will file false criminal complaint against them whoever questions.
Now my query is can i file a case in the Civil Court praying the court to remove the existing body and order for appointment of new body or do I have to file a case before the Arbitrator and what will be the court fees.
Thank You.