Legal advice on property despute
Kamal Arora
(Querist) 08 April 2013
This query is : Resolved
Dear Sir
Myself Kamal Arora I am fighting a case of specific performance form
last Six years. I need your legal advice on this case request you to
please consider my case and give me suggestion. Actually the scenario
is this I had bought a flat under Housing board colony on 17th
November 2006(Registry date) and got a possession of the said property
currently I am staying there. Party who sells us left the place and
underground .After purchasing we knew that the seller was doing
lottery system. Lots of people involved in lottery system. After sale
of this flat she shifted to same sector and live on rent. After one
month she left with family to unknown place ,then one of the person in
neighbors made a forged agreement on the blank papers with her signed,
Put a case of suit for specific performance against the our seller
party and also keep party to us and HDFC bank form where I had taken a
loan and clear the previous loan already running in the name of
previous owner i.e seller .The person he is working with advocate in
tehsil form where the property document to be registered as a helper.
So he made the agreement showed before our agreement date i.e June
2006 and last date shown after our property document registered i.e 30
nov. 2006 and our agreement date was September 2006 and property
document got registered on 17 nov. 2006.also due to working with
advocate he also showed attendance in tehsil on 30th nov. 2006 for
registry. I need your help to make justice to us. I am afraid because
he is working with advocate he can do anything to cheat us . Currently the
case stage he produce affidavit in which only mentioned about the
aggrement details only.
About myself & current status as of now:
Court case running sector-12 faridabad and the status complete the
initial process like munadi,paper advertisement now he produce
affidavit in the court with mentioned explore the aggreement details.
Currently i am staying in faridabad in same flat having issue.
I want to clear out few points
(i) Aggreement is not registered and notarised.
(ii)On the receipt and aggrement shown no witness signature as well as the plantiff signature.
(iii) in the cross examination he has given wrong statement for first installment paid to previous owner about the withdrawl money form bank in same colony there is no such bank availble in colony with same name.filed RTI AND CLEARED NO such branch aswell as account in bank.
(iv) The lady sold out this flat to us lived in same colony for one and half month there is no action taken by plantiff like any FIR against the lady and against us. he simply filed a case against her and keep party to us.
R.K Nanda
(Expert) 08 April 2013
contact local lawyer.
Raj Kumar Makkad
(Expert) 08 April 2013
You have a very good case whereas the plaintiff is at very weak footing. Even though the agreement is not notarized or registered but the witnesses are not there. The name of the bank is imaginary which cumulative establishes that the plaintiff is highly at the weak footing and he has not merits in his case.
prabhakar singh
(Expert) 08 April 2013
Before i proceed to answer, as Mr. Makkad is logged in and case pertains to Haryana,i would like to have clarification ,if the agreement is legally required to be registered or not,because in U.P. registration is must.
Raj Kumar Makkad
(Expert) 08 April 2013
Still there is no requirement of the registration of the agreement to sale in Haryana hence I have replied the query in the same manner.
prabhakar singh
(Expert) 08 April 2013
Now in my opinion the agreement to sale is a fabricated one is clear if facts disclosed by you are taken to be correct.
Secondly,you have not stated how plaintiff has attributed knowledge of his agreement to
you?
Had this agreement been even genuine,no decree could be passed against you(the buyer)unless plaintiff proved cogently
that buyer defendant of the property had knowledge of plaintiff's agreement to sale,yet he bought therefore buyer defendant is not entitled to plea of bona fide purchaser.
So it is not the agreement but knowledge of the agreement to the buyer is more crucial in such cases proving which is the burden of plaintiff,which you must demolish by your cross examination.Had the agreement been registered one there could be a legal presumption of pre knowledge through act of due diligence of the buyer by inspection of the registry records which is not a case here.
