Shailaja (na) 14 December 2012

Land trespassing

Dear Lawyer brethren,

This is Shailaja . My brother is facing a land trespassing problem. We own agricultural lands due to some urgent family expenses my brother decided to sell and sequence of events is as follows

brother enters into sale agreement with 5% advance and 6 months validity. advance forfeiture if sale not completed within 6 months.

Buyer fails on committed dates. Agreement lapses despite various call and reminders.

Legal Notice for cancellation of agreement not sent after agreement lapses.

Signs agreement with new buyer within a month of old agreement lapsing for a slightly higher rate.

First agreement holder harasses my brother and puts a hut on our land.

files complaint with police for breach of agreement aginst my brother.

brother files criminal trespass against first agremeent holder and sends legal notice for cancellation after 2 months of agremeent lapse to first agreement holder.

caveat filed with local court by my brother to inform brother of any emergent action or filing of suit by the first agreement holder.

counter caveat filed by first agreement holder agaisnt my brother in local court.

Matter rests at this stage. Please advise further action to save our property and chances of our retaining it in court of law.

Thanks

Shailaja

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1 Replies

Advocate Rohit (Advocate) 15 December 2012

since the matter is subjudice you cannot eneter into any transaction for that property unless the court gives its order.

it s clear if the old buyer had enetered into an agreement with you for buying that plot and time was the essence of the contract then he needs to follow it.

You just be patient enough and produce all the documents before the court to show your ownership and the default in payment of the old buyer.

This would help you to win the case.

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai