Saurabh Sharma (Finance Analyst) 11 December 2013

Dispute over property kindly advice

Dear Sir,

We have DDA House at delhi, the flat is in the name of my mother and father but unfortunately father was died in 2004 the said house is as it is in march 2013 my mother mortgaged property papers to her best fried to took a loan of Rs. One lakh the person has without her knowledge took signature on agreement to sell on 10Rs. Stamp Paper along with Tenlacs as token money she has signed on revenue stamp without reading the papers in the month of april he sent us legal notice stating that kindly sale the property to me by taking remaining amount the market value is Rs.forty lacs and he took circle rate of Rs.twenty two lacswe replied him by sending the legal notice that it was a loan of Rs. one lac and not the agreement to sell

now today we got court notice that the case is in high court , now the question is what to do, the agreement to sell is not registered , it is DDA property and it is leasehold land not free hold, she is not competent to enter into in this contract as she is not sole owner of the property she has two major sons living with her

What should we do, kindly advice

Thanks

Saurabh

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2 Replies

BAALASUBRAMANNYAMM (Advocate) 11 December 2013

Your mother alone is not having right to execute an Agreement of sale, in question in favour of the proposed purchaser, as you are also the legal heirs of the deceased your father and hence you are also having share over the said property. Even if the other party misguided your mother and get her signatures on a stamped paper and thereby created an Agreement of Sale, which ultimately carried a "Specific Performance "suit against your mother, cannot be stand before the law. Hence you need to "add" as parties to the proceedings and contest your self. The other party has to prove the payments made to your mother account.