Property matter

Querist : Anonymous (Querist) 17 September 2011 This query is : Resolved
Sir/Mam,
My father and my uncle has a property. My father sell it to x. When my uncle oppose it, X wrote a registration cancelling on 100 rs stamp and got signed by my father & his own and took 70% money which X party gave 2 my father. When my father bag 4 land document, he refuses to do that so my father kept 25% of money in his account. But he didn't cancel his authority on that land.So my uncle went 2 court againt him and go 4 case. After that my father became 1 of the party in that case.
Than the decision came that land will be of X person and my uncle loose that case.
But no any comment was there in that case bout my father and also bout the money which he took through bank.
So my father went to highcourt against him but till today no any process is there in that case and X party has made a building on that land.
So please give ur comments that what should my father do 4 that.

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Raj Kumar Makkad (Expert) 17 September 2011
Your father should have put this question when he was returning the amount back to X. It is too late. Your father has doubly lost everything. Is there any writing about the demand of sell price and sale deed revocation or further demand of your father for cancellation of sale deed? If not then it is very very difficult for your father to establish that sale consideration was refunded back and thus sale-deed be set aside.

There is no way for your father at this moment if nothing is in writing.

Querist : Anonymous (Querist) 17 September 2011
My father has stamp paper of 100 rs in which X confese that he will take all money by cheques and give that land back to my father. But as he didn't do this so my father kept last cheque within my father's account and give all this details to the court in which the case was going on.
But court doesn't take this all into consideration and gave his judgement on my uncle & X person's case only.

Shastri J.K. (Expert) 17 September 2011
appeal can be file.

Devajyoti Barman (Expert) 17 September 2011
Without seeing the judgement impugned and the pleadings of the parties it is not proper to me to make any comment on it.

prabhakar singh (Expert) 17 September 2011
So being the case as stated i too can not form any opinion unless there is an opportunity to see the judgement impugned .

Querist : Anonymous (Querist) 22 September 2011
Sir,
my father has filled case in this matter in high court, high court gave notice to X. X accepted that notice but did not reply to it from last six month.so what should my father do or what is the next procedure to do in a high court.
X is going for construction on that property.

R.Ramachandran (Expert) 22 September 2011
Your father has to apply for and pray before the High Court for grant of stay against the construction by X.

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