My father had brought 3 bighas of agricultural land in name of me and my brother when we were minors in 2001 and 2003 consecutively.. my father asked his relatives (verbally),to take Care of land.. after my dad died in 2013, and after completion of our studies we went to cultivate our land, bt my relatives turned up with an unregistered agreement on 100rs stamp which was done in 2004 and the time for execution was 2016,showing sign of my father that they had come to an agreement for sale of deed for the land and he has paid money in cash for the land.we were unaware of the agreement and there's no witness from mah fathers side and date wasn't mentioned by others who signed the agreement and even signature does not match,we went to local police and complained but by their influence and money, police imposed 144/107 on the land, now they have filed suit under specific performance of contract and court has issued notice?? I would like to know whether it is valid on such unregistered agreement (if so), and the duration mentioned in the contract?? My father wasn't entitled for the property, and they don't have mine or my brothers signature in it?? What legal measures could be taken?? Please guide me
Hello,
If the notice has been issued then you do not have much option but to contest the case.
Also, such sale on a Rs. 100 stamp paper is invalid and you can always tell the court that such transfer is invalid.
You can engage a local lawyer at a place where the case has been filed, please engage a lawyer whom you can trust otherwise the opposite party might cannive the lawyer engaged by you.
Regards
1) that agreement is not worh the paper it is printed upon
2) you and your brother are owners of land how can your father sell that land
3)suit for specific performance would be dismissed after trial
4)further even your father signature is forged
5)file police complaint of cheating , forgery , fabrication of documents against your relatives
1. The said agreement is required to be perused first for giving appropriate advice. When it was signed, were you still minors or had attained adulthood?
2. If you were minors, did your father sign the said agreement in the capacity of your guardian and for & on your behalf?
3. In any case such agreement for dealing with minor's property without the consent of the local District Judge is illegal.
4. If you were adult in the year 2016, the also the said agreement is illegal since it was the property of you two who should have signed the agreement and not your father.
5. If you have not made any written complaint then lodge one such written complaint and send a copy thereof to the local D.C./S.P.
6. If police still refuses to take any action, file a writ petition before the High court on the ground of police inaction and pray for relief and remedy from the High Court.
1. If the properties were purchased in your favour by your father then your father could not have made an agreement with anyone to sell them in the first place. The properties of a minor cannot be sold without the permission of the guardianship judge.
2. You should file an application for the dismissal of the suit for specific performance filed by them.
3. Furthermore, a suit for declaration of your title to the properties, further declaration that the agreement purported to be executed by your father is null and void and for the relief of possession should be filed by you and your brother in the civil court.
The unregistered sale agreement is not valid and also the sale agreement entered in the year 2004 is badly barred by limitation.
Basically this is a fake and fabricated document which if properly contested may not sustain and the case will dismissed.
