Property dispute delhi
vinod sharma
(Querist) 09 March 2014
This query is : Resolved
I ENTERED INTO AN AGREEMENT TO SELL OF A PROPERTY WITH ONE “X” IN 1997 , WHO WAS ONE MARRIED . THE ENTIRE SALE CONSIDERATION WAS PAID TO “X” . “ X” EXPIRED IN 2003 . . HIS PARENTS HAD ALREADY EXPIRED AFTER HIM HIS COUSIN BROTHER “Y” CLAIMED TO BE HIS ONLY LEGAL HEIR . THEREAFTER “Y” HIS WIFE AND HIS ONE SON AND DAUGHTER EXECUTED A RELINQUISHMENT DEED IN FAVOR OF HIS ANOTHER SON “ Z ” IN 2004 . “Y” EXPIRED IN 2006 . SOME DISPUTE AROSE AND MATTER WAS REFERED TO ARBITRATION . IN THE ARBITRATION “Z” SERTLED THE MATTERE WITH ME AND A CONSENT AWARD WAS PASSED . “Z” BECAME DISHONEST AND FILED PETITION U/S-34 WHICH WAS DISMISSED BY THE DISTRICT COURT . “Z” FILED AN APPEAL WHICH WAS DISMISSED BY THE HIGH COURT . . THEREAFTER I FILED AN EXECUTION PETITION . IN THE SAID EXECUTION PETITION THE WIFE OF “Z” ON BEHALF OF THEIR MINOR SON ( 10 YR) , HIS BROTHER’S WIFE ON BEHALF OF HER MINOR DAUGHTER(9YR) AND HIS SISTER ON BEHALF OF HER MINOR DAUGHTER HAS FILED THE OBJECTIONS CLAIMING TO THE RIGHT OVER THE PROPERTY AND ALSO CLAIMING THAT THE SETTLEMENT BY “Z” IS ILLEGALL. PLEASE NOTE THAT HIS BROTHER AND SISTER HAVE ALREADY RELINQUISH THEIR RIGHTS IN THE SAID PROPERTY IN FAVOR OF “Z” . PLEASE ADVISE THE LEGAL CONSEQUENCES AND CITE ANY CASE LAW IN MY FAVOR . THANKS
Dr J C Vashista
(Expert) 10 March 2014
Find out citation(s) which are not provided on this plateform. Seek the services of a lawyer.
malipeddi jaggarao
(Expert) 10 March 2014
Unless all the papers are studied, no valid reply can be given. You are already fighting legal battle. Seek the guidance of your advocate.
Rajendra K Goyal
(Expert) 10 March 2014
All the documents and case papers need to be seen for any fruitful advise. Consult local lawyer and show him all the documents.
Citation is not provided in the section.
P. Venu
(Expert) 10 March 2014
Is not an agreement to sell personal? Could it enforced against the legal heirs?
T. Kalaiselvan, Advocate
(Expert) 11 March 2014
If the narration is considered to be fact, the relinquishment deed made by somebody, do they have any title over the property to relinquish their rights?, Are the so called minors do really have a right over the property, lot of legal knots to be opened, if you have come to the stage of EP, then your lawyer has correctly guided you(?), what is his opinion because it is he who has seen all the relevant papers, please follow his advise because without knowing the exact facts/details, no proper opinion can be given.
