Querist :
Anonymous
(Querist) 10 December 2009
This query is : Resolved
Respected experts,
“A” has executed a Registered Agreement of Sale cum GPA and also a Sale Deed in favour of “B” in respect of some lands and wherein the subject matter of lands is defending in a case for a Specific performance suit. And even till today the matter is not yet finalized and it is pending before the High Court.
In case, “A” succeeds the said litigation, the said property is definitely going to be registered in favour of “A” through court. In such a case, as there are some mis-understandings in between “A” and “B” and thus “A” will not be cooperated “B” at any point of time. Hence what “B” would do at this movement to safe guard his properties, as per the above said registered deeds?
Raj Kumar Makkad
(Expert) 10 December 2009
If the property agreed to be sold and ultimately sold to B through a registered sale-deed which is already under litigation and not free from encumbrances, is definitely a fraud committed by A against B and in this case B has got cause of action to initiate civil as well criminal action action against A.
joyce
(Expert) 11 December 2009
Raj sir is correct in answering ur querry.
Querist :
Anonymous
(Querist) 11 December 2009
Respected RajKumar Sir,
In this "B" already knows about the litigation and thus there is no question of cheating arises. In this i am in need of a reply for 2nd para contents.
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