Hello sir, My father had bought 10bighas of land out of which 3 bighas was in name of me and my brother in 2001 when we were 13-14 years old.. land was given to our relative for care taking.. now suddenly they come up with an agreement for sale done in 2004 which states they paid money and registration of land is said to complete in 2016.. my father expired in 2013..now my relatives has sent me notice through lawyer for d agreement... I would like to know abt what could be done and is it valid as such no agreement is done and they have manipulated falsely
1) whether agreement for sale bears your father signature .
If your father signature has been forged file police complaint of cheating , criminal breach of trust , forgery against relative
Contact a local lawyer and reply to legal notice . Call upon them to vacate premises under their possession
File declaratory suit that you are absolute owner of land and to evict the trespassers
They say they have fathers signature on it but no agreement copy is shown or known to us.. v don't have a copy even..
Issue legal notice calling upon them to furnish copy of alleged agreement for sale executed by your father
2)refer said document to hand writing expert
3) if father signature is forged filepolice complaint as mentioned herein above
1. Any agreement of sale is legally valid for a maximum period of 3 years, unless agreed otherwise and has to have been recorded and agreed by both the Seller and the Buyer.
2. In the instant case, as per your narration, the agreement of sale was purported to have been executed way back in 2004 and the limitation comes into effect in 2007 and the 2004 agreement is legally not valid after 2007.
3. Assuming that your deceased father had executed an agreement of sale, the limitation bars the buyers from going for absolute sale of the property.
4. To be legally valid an agreement of sale should have been adequately stamped and registered in the Sub-Registrar's Office and the limitation time for it is maximum 3 years
5. It is your right to get copy of the Agreement from your relatives..
6. Reply suitably with facts to the legal notice and the law is in your side in the instant case.
1. if your father ahs died in 2013 then this sale deed must be on forged signature.
2. So file a criminal case of forgery and if the forgery is established the police can arrest them.
3. File a civils uit also for declaring the said sale deed as null and void.
First of all the agreement made during the minority of the owner is not valid.
Moreover the agreement made by the person who is not having title to the property is also invalid, your father cannot make agreement on your behalf during your minority.
These facts are very strong point by which you can file a petition under order VII rule 11 of CPC to reject the plaint.
Besides you may have other merits in your side to strongly challenge and defend your interests in your property, you may discuss with your advocate on this.
They say they have fathers signature on it but no agreement copy is shown or known to us.. v don't have a copy even..
You have to challenge all these in the court of law only if they refuse to show anything to you.
You may engage a prudent lawyer to challenge their case.