What should be the next step
parinayasharma
(Querist) 21 October 2015
This query is : Resolved
an agreement to sale took place in 1992 in saharanpur but sale deed couldn,t take place buyer died in 2010.buyer,s 4 sons created forged documents on their wife,s name and solded the house in september 2014 to two other people.this is my mother's mother house.my grand mother died in 1988. i lodged the FIR on 9th april 2015 u/s 120B,420,467,468,471.chargesheet has been filed.on 30th september 2015 NON bailable warrants were issued.earlier i had filed a caveat in high court allahabad.my bad luck i got a dishonest lawyer who didn,t defended the case properly and court has given following order on 8th october 2015.kindly suggest what to do next.though i have planned to change the lawyer.
Isaac Gabriel
(Expert) 21 October 2015
You can pursue the case through lawyer in the lower court.
parinayasharma
(Querist) 21 October 2015
sir high court has put stay on the proceedings till the next hearing
parinayasharma
(Querist) 21 October 2015
Sri Rakesh Singh, Advocate has filed his power on behalf of the opposite party no.2, which is taken on record. Heard Sri Vikrant Pandey, learned counsel for the applicants, Sri Rakesh Singh, learned counsel for the opposite party no.2 and Sri A.K. Saxena, learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.6.201 of case no.11611 of 2015, case crime no.104 of 2015, State Vs. Pradeep Kumar and others, u/s 420, 467, 468, 471, 427 and 120-B IPC, P.S. Kotwali Nagar, district Saharanpur pending before C.J.M. Saharanpur.
It has been contended by the learned counsel for the applicants that the grandmaternal-mother of opposite party no.2 has executed agreement-to-sale in favour of applicants on the condition that the property in question is under the ceiling and when the same shall be free from ceiling, the said agreement will be executed but till date property in question has not been exempted from sealing. The present proceeding has been initiated against the applicants for malicious prosecution by opposite party no.2. Learned counsel for the opp. party No.2 prays for and is allowed three weeks' time to file counter affidavit. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List in the week commencing 16.11.2015. Till the next date of listing, further proceedings of the aforesaid criminal case against the applicants shall remain stayed.
DR.VEDULA GOPINATH
(Expert) 22 October 2015
sir
please give me a copy of agreement to sell to enable me study and advise.
dr vedula gopinath vgnath@gmail.com
parinayasharma
(Querist) 22 October 2015
sir the agreement is in hindi and urdu mix.
i,ll breif u with the main points.
1)the agreement to sale was for 150000.
2)50000 was paid in advance.
3)1 month 10 days time period was given for execution of sale deed.
4)50000 would be forfeited if buyer is not able to pay rest of the amount and execute sale deed.
5)seller has to take permission from ceiling department and clear all embrances and inform the buyer through registered post.
6)buyer can even deposit the rest of the amount in court if seller does any wrong.
7)possession was given at the time of agreement.
Guest
(Expert) 22 October 2015
Your description seems to be faulty, as you have not stated, whether balance was to be payable within 1 month 10 days without waiting for the intimation about permission from ceiling department or to be paid after receipt of the said intimation? Also whether the buyer depsoited the balance of Rs.1,00,000 with the buyer or the court within the time limit or not?
parinayasharma
(Querist) 22 October 2015
yes balance was to be paid within 1 month 10 days.permission was taken from ceiling in advance.buyer has not deposited anything int he court.
Rajendra K Goyal
(Expert) 22 October 2015
Consult local lawyer and show him all the documents including the copy of alleged forge documents prepared, so called sale deed, agreement and high court orders.
Guest
(Expert) 22 October 2015
The facts do not seem to be sufficient for appropriate solution.
So, your agreement is required to be examined in detail with reasons of silence from both sides for about 23 years for arriving at some conclusive opinion in the case. You may, if you like, send complete details though email at dcgroup1962@gmail.com.
T. Kalaiselvan, Advocate
(Expert) 23 October 2015
You may not get proper guidance from experts here if you repeatedly furnish half information or improper information, better adhere to the queries raised by the experts above id you really need a solutions to your problem..
K.S.Srinivas
(Expert) 23 October 2015
I agree with Sri Rajendra K Goyal.
Dr J C Vashista
(Expert) 24 October 2015
I agree with expert advise of Mr. Rajendra K Goyal, it would be inappropriate to opion and advise without going through contents of the document of Agreement to Sell, however, as I presume, it would have lapsed by now.
Show the document to a local prudent lawyer for proper analysing, advise and guidance.
