Lok adalat compramised
GANGAM.RAJENDER.
(Querist) 04 February 2014
This query is : Resolved
the case has been registered in the year 2004 for title declaration and permanent injunction which was compromised by the parties in the year 2013.the suit land is ancestral property .
the said land was registered in the year 1965 to joint holders who are died and which was not mutated in the records after 11 years only one of purchaser name was mutated.now the legal hairs of the purchasers had filed the case against witness and son of witness who are the seller's son(RESPONDENT1) and grand son(RESPONDENT2) .IN THIS CASE JOINT PURCHASERS , SELLER AND WITNESS ARE DIED EXCEPT ONE WITNESS (i.e RESPONDENT1).
Q1.IN THE YEAR 2002 THE RESPONDENT1 ALONG WHITH HIS FOUR CHILDREN MADE AN AGREEMENT TO THE THIRD PARTY "POSSESSORY AGREEMENT OF SALE" WHICH WAS NOT REGISTERED AS THEY DOES NOT KNOW THE FACT OF REGISTERED SALE DEED EXECUTED IN THE YEAR 1965 BY THE FATHER OF RESPONDENT1 AND AT THAT TIME RESPONDENT1 IS THE MINOR (RESPONDENT1 IS THE WITNESS )AND THEY GOT PATTADAR PASSBOOK IN THE YEAR 2001 AND PART OF THE SUIT LAND MUTATED AFTER THE DEATH OF THE FATHER OF RESPONDENT1.
Q1. THE THIRD PARTY HAS ANY RIGHT TO FILE THE SPECIFIC PERFORMANCE FOR REGISTER THE SUIT LAND IN FAVOUR OF THE THIRD PARTY AFTER LONG TIME WHO ARE NOT THE PARTIES IN THE PREVIOUS CASE IN THE YEAR 2004 WHICH WAS COMPROMISED IN THE LOKADALAT .
Q2.AT PRESENT WHAT LEGAL STEPS HAVE TO BE TAKEN BY THE THIRD PARTY.
PLS GIVE ME THE SUGGESTION .
THANK YOU SIR.
Raj Kumar Makkad
(Expert) 04 February 2014
Third party has independent right o get the registered sale-deed executed in its favour if the agreement was legally performed and time was not essence thereto.
Serve a legal notice to the seller as per direction of your local lawyer.
GANGAM.RAJENDER.
(Querist) 04 February 2014
sir the case is settled in favour of the plaintiffs not respondents,"possessory agreement of sale" is executed by the respondents family.
q1.the old document is valid or not in which one of the witness is minor,can we challenge the cancellation of sale deed if new case is registered by third party.
thank you sir.
Dr J C Vashista
(Expert) 05 February 2014
a) A minor cannot witness a document.
b) You can challange the sale deed.
c) However, witnessing a document and mutation of the transaction is all togather different issues. What do you want from a witness?
d) Issue legal notice and file declaratory suit.
Rajendra K Goyal
(Expert) 05 February 2014
Well advised, agree with the expert.
Repeated query:
http://www.lawyersclubindia.com/experts/Lok-adalat-compramised--451846.asp#.UvGfS7SLq_I
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
Who is the third part to the suit?, what is the plaintiff's status, especially in the event a third party entering into it?, for a specific performance, the limitation is 3 years from the date of agreement though time is not essence of contract. R1 being a minor at the time of execution of sale deed, his witnessing the deed is not valid. There is no problem if he does not dispute about the sale of his ancestral property during his minority. Your query is not clear about the subject you wanted to clarify, whether third party's interest in the property ?, if so what is the status of the third party in property?, whether he was a prospective buyer? Please clarify for proper opinion.
