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Manoj singh (Engineer)     06 August 2012

Dispute with relative in property

 

Experts Please help me get out this trap.

 

My father bought one property A on a close relative X's name some 20 years back and now the property A is a DDA freehold on his name. 

 

One year back he started claiming that he is the sole owner and will not return the property A back to us.

Now he agreed to sell this property A to us only if we sell him another our own property B at a much lower price (40% of the current price) and even that he wants to pay after the sale deed is done for property B and taking a time frame of around 2 years to pay back the 40% value of the current price. 

 

Now I am not sure whether he will even give us that money after the sale deed is executed for property B. He is also NOT willing to show the full amount in Sale deed for property B (even the 40%) and will only show the circle rate. He said that he will give us Post dated check for the remaining amount.

 

As per my understanding, if the check bounces then thats a criminal offence but if I file a criminal suit against him then I would not have any explanation to give in court for question, why I have taken post dated checks from him. I cannot claim that it is for sale of property B as I dont have any proof and he has already given me a check of amount stated in Sale Deed.

 

Other option which I see is to have an Agreement of Sale UNREGISTERED but I again have doubts on the validity of that as an evidence.

 

Another option (not a good one) which I see to have an Agreement of Sale to some third party for property B and get it registered without knowledge of my relative X so that if he doesn't pay me the remaining amount after the sale deed is done, I can show him this third party Agreement of Sale and scare him to pay the balance.

 

 

At this time I am FORCED to go ahead with Sale deed of both the properties without taking the full amount for property B in advance because he could change his mind anytime.

 

Experts Please advice me how can I make sure that he gives me the remaining amount for property B after sale deed execution.

 

My apologies for duplicate entries.



Learning

 1 Replies

Manoj singh (Engineer)     07 August 2012

Experts,

Please give your views on this topic.


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