LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajesh (self)     18 March 2013

Sale of house and agreement at the same time

My father sold house and made an agreement at the same time that if he or his heirs do not pay the money in 6 years time , then the buyer will become the absolute owner of the property.My father has passed away, we were not able to pay back the amount  and  now more than 13 years has been passed away and we are still in possession , but the buyer has got his name on local municipal government paper etc.  Is there anyway I can get my property back  because the buyer has  filed a suit for eviction and injuction in the court .



Learning

 6 Replies

Sanjay Gautam (Advocate)     18 March 2013

The detail analysis is required for proper advice, pls consult a Lawyer in your area

Adv k . mahesh (advocate)     21 March 2013

yes such clause has to studied as what they said in the agreement consult a civil lawyer who would help 

what about 13 years thus you father paid any consideration and any instalments 

rajesh (self)     22 March 2013

Yes, we sent few notices between the 6 years time and have A.D. as a proof but the buyer kept escaping that time. Now he has filed a suit for eviction. I want to buy my house back but the time has lapse a lot after the agreement boundation.

 Is it possible ?

Sudhir Kumar, Advocate (Advocate)     04 April 2013

you case may be affected by limitation.  Please consult nearest available lawyer with all p[apers.

rajesh (self)     07 April 2013

Yes, I think too that the limitation is a major reason . Can court give any relief if the reason for late is explained properly.

rajesh (self)     07 April 2013

I just found that we have filed a case in 1996 after 10 years of exectution. But it was dismissed in 2001 as indefault as our lazy lawyer didn't appeared in the court on call.

 Can I restore the case  now and amend it ?

 Is it possible and is it still possible to get the paper back ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register