What suit lies
jatinkumar
(Querist) 07 April 2013
This query is : Resolved
My client purchased land 7 year back from muslim jamat he paid money through cheques but till date no sale deed prepared . Now the trustees is changed n interferring in land cutting out tree without client permisson n entering the land without my client permission , when my client stop him he is saying this is our land who are u to stop me , client replied i m the owner b i have purchased from previous trustee. Then new trustee replied we have not sale the land it belong to us . Now sir please help me to file suit . Which suit i can file so that i can stop the trustee from entering the land n to make sale deed
ajay sethi
(Expert) 07 April 2013
whether trustees had power to sell the land ?
whether while issuing cheques it is mentioned it was for purchase of land ?
if no sale deed had been prepared how did your client part with consideration ?
prabhakar singh
(Expert) 07 April 2013
Was it not an alarm that sale deed was not executed for 7 years.
Was cheque encashed?
If yes in whose a/c?In the a/c trust or in the a/c of trustee?
Was there any agreement to sale?
Normally trust or waqf land are not permitted to be sold?
Last but not the least,firstly your client
does not seem to have any right to sue even for return of money wrongly paid as seven years have already expired while only 03 years from the date of cheque he could sue for.
Sorry !It's a lost case even before filing.
Raj Kumar Makkad
(Expert) 07 April 2013
You have even not mentioned whether an agreement to sale with full payment was executed or not at the time of alleged purchase. If there was no such agreement, your client has even no ground to morally talk to the new trustees what to talk of legal.
Devajyoti Barman
(Expert) 07 April 2013
yes i absence of proper deed of transfer , your client's right in the property is very weak.
Ask him to file first a suit for declaration or specific performance of contract and for injunction.
R.K Nanda
(Expert) 07 April 2013
no more to add.
M V Gupta
(Expert) 07 April 2013
Trust property cannot be sold without all the trustees passing a resolution to sell the property. Further if the trust is a public charitable trust, permission of the Charity commissioner is necessary.In the absence of compliance of these requirements ur client cannot lay any claim for the trust property. However if the trustee had taken the money under the pretext of selling the property he may be liable to cheating (Sec 420 of the IPC) and return the money to ur client. But unfortunately seven years lapse of time defeats even the slightest possibility of getting back the money is lost.
prabhakar singh
(Expert) 07 April 2013
Barman ji!
be serious beyond......that!
May i question your advice "Ask him to file first a suit for declaration or specific performance of contract and for injunction."
Can this suit lie after 07 years of payment??? May be by cheque??????
I wish to know the basis on which this fellow can seek relief you advised him?
ENLIGHTEN ME PLEASE>>>>
Raj Kumar Makkad
(Expert) 07 April 2013
If full payment agreement is being executed even before 7 years ago then the opinion of Barman shall also hold good.
jatinkumar
(Querist) 07 April 2013
Dear experts it is not a registerd trust , it is meman jamat , the jamat person elect the people to do the administration work by election n as my client belong to same jamat he was under influence of promise that sale deed will be executed
jatinkumar
(Querist) 07 April 2013
Thank experts for replying my query
