dileep (mt) 18 July 2018
Raghav Arora 18 July 2018
Dr J C Vashista (Advocate) 18 July 2018
Obtain exact details of the plot and certified copy of sale deed. Thereafter issue legal notice through a local prudent lawyer to the vendor to handover peaceful vacant physical possession of the property, which he shall not react, then move to the civil judge for possession.
Kishor Mehta (CEO) 18 July 2018
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 18 July 2018
There are two things here. Legally speaking you may have all the right to locate your site and deal with it as you deem fit. However, reality is different. Can you go the legal way and sustain the matter with the seller, who by your descripttion, seems to be a real estate business man.
As already suggested above, the certified copy of sale deed shall contain in the Schedule the descripttion of the property with boundaries marked like East, West North and South with other plot numbers and/or names of the other owners. Try with local people and locate the property. You may also contact local revenue officials and seek their help and assistance in locating the land.
Normally, a right which is slept over, shall no longer a right. Ten years is a very long period and if there was a dispute with regard to registration and payment of balance, it should have been settled long back. Try to settle the matter out of court as far as possible.
R.Ramachandran (Advocate) 18 July 2018
Totally confusing facts:
1. The querist says that they have recently obtained Certified Copies of sale deed.
2. If Sale Deed is there, that means, the property stands transferred in the name of the father of the querist. If that be so, first and foremost where is the question of any dispute? (ii) where is the question of the seller being adamant and asking for extra 5 to 6 lacs to settle the alleged issue?
The querist has to come with clear facts.
abhishek sharma 18 July 2018
abhishek sharma 18 July 2018
dileep (mt) 18 July 2018
Hi Ramachandran
At the time of sale, after registration, he was demanding more money than committed to handover registration papers which were with him at that time. My father stood his ground to not pay more than the agreed amount and the sale deed remained with him.
Yes, registration is over and property got transferred legally to my father, but now we really do not the know physical location of plot, and for that reason, we approached the seller who now is demanding more money which my father initially refused to pay.
This land was sold by a group of 4 to 5 individuals (I mean they came together and developed plots, etc) and they all live in the same place where we have land. Apart from them, nobody else has constructed houses there yet. So, we have no way to find out the location of plot except to ask the seller(s).
These are open plots and not a gated community.
There is NO ILLEGAL thing here, but you know my father just did not care about it to settle this in time.
If you need any more clarification, please let me know.
dileep (mt) 18 July 2018
thank you all for taking your time and giving me your valuable suggestions.. I will speak to some local lawyer and see what he has to say about this..
thanks again.
R.Ramachandran (Advocate) 19 July 2018
In the certified copy of the sale deed, whether any layout plan of the plot is also attached?
R.Ramachandran (Advocate) 19 July 2018
In the certified copy of the sale deed, whether any details about the approval No. date etc., of the layout plan mentioned?
In any case, if I were in your position, I will not pay even a single penny to the seller. When the seller has already executed a valid sale deed, the question of paying anything further to him simply does not arise.