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NOTORISED AGREEMENT ANY ROUTE TO ESCAPE ????

Page no : 2

AMARJEET (DEPUTY MANAGER)     25 August 2010

dear ramchandran sir,

 

infact to pin point my query I WOULD LIKE TO KNOW THAT "X" IS A POA HOLDER FOR ONWARD TRASFER TO "B" ISSUED BY "Z" IN 2002 OF A TEMPORARY LEASED PROPERTY WHERE LEASE EXPIRED IN 2003.

TILL EXPIRY "X" DIDNT ACT UPON SUCH POWER LATER IN THE YEAR 2009 "Z" GOT THE LEASE RENEWED IN HIS OWN NAME PERMANENTLY WITH SELL TRANSFER RIGHTS.

TILL 2009(AFTER RENEWAL OF LEASE) WHATS THE POSITION OF POA HOLDER ? IS IT STILL VALID?

THEN "Z" CANCELLED THE POA WITH DUE NOTICE WHICH WAS RETURN UNDELIVERED AND SOLD TO "A". SAY ON 22.08.2009 WITH DUE REGISTRATION AND PAYMENT OF STAMP DUTY AND DELIVERED THE PEACEFULL POSSESSION.

 

"Y" HAD A COLLUSSION WITH "X" AND ENTERED INTO AN NOTORISED AGREEMENT TO SELL STATED ABOVE ON A DATE SAY 26.09.2009.

WHILE "A" WAS IN PEACEFULL POSSESSION OF THE SOLD PROPERTY "Y" THE NEIGHOUR WANTS TO CREAT LITIGATION WIHTOUT KNOWING THE FACT THAT ITS BEEN REGISTERED IN THE NAME OF "A"

UPON KNOWING THE REGISTRY BY THE TRUE OWNERS "Z" , "X" AGAIN FABRICATED ONE UNREGISTERED AGREEMENT TO SELL WITH "Y" AND DELIVERERED POSSESSION ON A PLAIN 10/- STAMP PAPER ON A BACK DATE SAY 11.05.2009.

 

IN THIS CASE BASING ON THIS FABRICATED AGREEMENT "Y" HAS APPROACHED THE COURT UNDER SPECIFIC PERFORMANCE ACT.

 

WHATS THE POSITION OF "A" NOW WHO IS IN PEACEFULL POSSESSION HAVING VALID SELL DEED AND ROR ?????

 

KINDLY OPINE SIR !!!

R.Ramachandran (Advocate)     25 August 2010

Dear Mr. Amarjeet,

When you are not sure what is in store for you, it is always better to bring out the correct, full and complete facts (as now done by you) at the first instance. You think that by withholding certain information you are acting smart. On the contrary, with the half-baked information when you found that the legal position is not in your favour, you are now bringing the complete facts to know the legal position.

THIS YOU COULD HAVE DONE AT THE FIRST INSTANCE. IT WOULD HAVE SAVED EVERY ONE'S TIME.

With regard to the fresh facts given by you, BE REST ASSURED that "Z" and :"A" are safe and "A" and "Y" will not be able to succeed in their attempt. This mainly because, having first got the document notorised on 26.9.2010 they have got prepared another document dated 11.5.2009 for the same property.  This no normal person would do.  But the case needs to be handled very carefully by your advocate to bring home the point. 

If possible, it would be in your interest to trace the document (or at least the copy of it) dated 26.9.2010 which you were telling that "Y" had misplaced but found out later on.  This will be useful for defending your case.

valentine (Advocate)     26 August 2010

The latest legal position is that all property documents even banakhat or agreement to sell are required to be registered without which they would not have the legal force.

R.Ramachandran (Advocate)     26 August 2010

Dear Mr. Valentine,

Would you be kind enough to quote the relevant legal provision according to which you say that "The latest legal position is that all property documents even banakhat or agreement to sell are required to be registered without which they would not have the legal force.".

I want to get myself updated.

AMARJEET (DEPUTY MANAGER)     27 August 2010

sir lets say the notorised agreement of 26.09.2010 is not traced by "A" then ????

will "y" who has deliberately lost the agreement and not producing the same in court to lose the case will be in advantage ???

hari sri chunduru (advocate)     05 September 2010

since the agreement which has been said lost is been notarised if you remember the date on which  it was notarised the number can traced from the book kept with the notarian, If you have had the xerox copy of the original you can file a case by filing a indemnity the signature of the person who has denied the transaction can be sent for an expert  and if the person who had denied the transaction if you know the bank account  of the that person you can call for the same through the court of law

Basavaraj (Asst, Manager-Legal)     09 September 2010

There is no bar to notorised agreement under law


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