I have some agriculture land in my village and my brother also have some land we both partitioned our land long back. my brother died back some years. my brother's sons also partitioned their lands one of my brother's son who has land next to my land, he gave his land to me for lease for 3 years for the amount of 75000. we both write a stamp paper not registered. by some family problem he go to another person who near to that land he made a sale agreement of rs.200000 and registered it with the sale value of rs.709500. the sale agreement time lapsed the buyer sent a lawyer notice to my brother's son he refused to receive notices. after our family problem solved my brother's son come to me to sale the land. i say go and cancel the agreement and come. he said come to register then i will cancel the sale agreement i pay rs.709500 money to him and registered the land in my name. on that document i mentioned that a sale agreement already registered on this property those buyer not ready to register that while i made this sale deed and now the sale agreement holder file a suit against my brother's son and add my name also me how to fight against him on what grounds and limits we will approach.the possession of land with me only but in the sale agreement my brother's son says that possession of land with him only
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Purchaser must have fiiled suit for specific performance as your brother did not honour the transaction
2) you have been added as party to the suit as your nephew sold land to you by regd sale deed
3) your nephew defence should be that purchaser failed to make full payment within stipulated period hence agreement has lapsed and he sold land to you
4) contact a local lawyer and file detailed reply in the suit proceedings
Hi
1. if there is a time clause in the first agreement with the first purchaser, and the purchaser didn't honor it then the agreement registered will be void as per the terms. such situation there should have a Notice reply or a notice send to the purchaser demanding cancellation of the sale agreement .
your registration sale agreement without cancelling the first one is illegal.
The possession was with you at the time of the first sale agreement is not a legal issue , but now the title as well as possession is with you after the second sale agreement with you and nephew
2. did your nephew return the money to the purchaser or offered to do so.
3. The sale agreement with the first person has to be reviewed to give a proper advise.
4. Court will look into the merit of the case and will pass order, so you should take efforts to prove that his agreement has been violated as he did not comply the conditions of it within the time frame.whenever there is such delay or violation of contract by the purchaser seller has to mandatory send a notice and call off the deal officially and demand for the cancellation of the agreement
5.In your case your nephew has not acted and failed to honour the contract by himself.
6. in the court go for a settlement
The unregistered lease agreement in your name will prove that possession of property is with the lessee.
If you have been implicated in the case as a defendant, you should see that in what capacity that he has made as a party to the suit and what is relief that he sought against you.
You can challenge the same or let it out to become exparte if you nothing to do with the suit agaisnt you.
A suit for specific performance of the agreement can be filed by the agreement holder as against the land of your brother son. The fact that your brothers son did not receive the notices sent by the purchaser is illegal. The purchaser was ready and willing to register the land in his name, but your brother son wanted to cheat him and you, which is why he has registered the property in your favour for the same price. Without the cancellation of the earlier registered sale agreement, registering the same property in your favour is illegal, and therefore the same can be set aside by the court.
If possible call the earlier agreement holder and offer him some compensation and convince him to withdraw the case, which I guess would be your best option right now. This way you can continue to retain and enjoy the land purchased by you.
The agreement holder seeks to execute his agreement in suite he pays balance money to court how do I compramise or give compensation to him . is it possible to cansel my registered sale deed by court
file consent terms in court wherein you agree to pay purchaser X amount as compensation if he agrees to with draws the suit filed by him
2) court can pass orders to set aside regd sale deed executed by nephew in your favour
You dont acknowledge the demand made by the buyer to enforce the unregistered sale agreement.
Let hims send a notice or even aproach curt seeking the the relief and remedy.
The unregistered ale agreement is not valid in the eyes of law.
However based on the agreement, which can be considered as a receipt for the amount received the court may pass an order to return the advance amount received, then you can do it.
Is any possibility to revoke my sale deed became valid if court set aside it. The possession and patta in my name only. The purchaser won't accept my compromise and compensation. Is any possibility to won the suit. The agreement holder pays balance registration amount to the court
Ifcourt sets aside your sale deed then you can file appeal against said order
2) it is necessary to peruse the plaint filed by plaintiff to advice whether you can win or not