Seeking legal ground to sue due to non-payment in land sale.
This is about my maternal grandmother's agricultural land. She did not have a will so after her passing, one of my uncle had proposed the following. He could sell the land to a prospective buyer. With that sale each of the other four siblings could get Rs. 1CR. The siblings agreed to the proposition. In order to make this happen each one had to give up claim on the said land so they all signed a document. That uncle paid only 50% of the agreed amount and it has now been 4 years since. One of my aunt involved in this transaction has already sued her brother but am not too close to the proceedings.
Personally I feel my mom as well as my aunt and uncles should not have signed the document till they were paid in full. They were too naive and trusted their brother on honoring the agreement.
Having said that, I am no expert and wonder if there are any legal provisions that would help my cause.
Asked 6 months ago in Property Law from United States
1) If the sale agreement is signed and its registered one needs to check all clauses in it.
2) whether the payment amount is mentioned in the agreement or part payment done at the time of agreement or with the full wish of all uncle's and anuty's the land has been transfer of ownership on that purchaser uncle or sold to third party for a reasonable cost.
3) All the facts needs to be checked at the agreement took place and in whose possession the land is as of now.
4) whether it was parents inherited property or ancestral property? All the facts and issues should be checked from each view of the corner.
5) for every transaction there is time limit to sue in the court as per limitations act.
1)your mother should issue legal notice to brother to pay her 50 per cent of balance amount
2) if he fails to pay file suit for recovery of the balance amount
3) also file police complaint of cheating , criminal breach of trust against the brother under section 406 , 420 of IPC
See if in the deed of relinquishment if the consideration amount of Rupees one crore is written and there are other proof for this transiction then a civil suit can be filed against your uncle for the specific performance of the contract and recovery of the amount.
Also you should act fast as the suit are barred by limitation Act and limitation for such suit is 3 years from date of cause of action.
Your mother can issue a legal notice to your uncle for payment of dues.
Also criminal action of cheating and breach of trust under india penal code and file FIR for same.
1.It is not clear whether they signed in the sale deed or they executed any release deed or not.
2.If they signed the sale deed as co owner then it would be easier for them to claim their share of money .
3.if they executed a release or gift deed in favour of the said uncle then it would be difficult to claim their share of money as promised by the said uncle.
4.So filing a civil suit for recovery of money or suit for partition would be an appropriate proceeding.
.5 You can also apply for getting added in the proceeding alrady filed by one of your aunts.
If the transaction has taken place then you will have to file the civil suit for cancellation of the sale deed that has been made by your uncle.
I would advise you to file a case and get it connected with the case that has been filed by your sister.
Advocate, New Delhi
Once you give up your claim or relinquish your right then the other person in favour of whom you relinquish becomes owner of that share. The said agreement/deed needs to be registered.
To give you a concrete advise on this, it is important to peruse the stipulations contained in the document/agreement signed in between your uncle and his siblings.
If he has agreed to part away with the 3/4 sale proceeds and give 1/4th each to the 3 siblings, there's merit in this matter and this can be contested keenly in Court.
Advocate, New Delhi
If the case if still going on, file application to get impleaded in the suit.
If u have anything in written or any kind of evidence which can prove the above settlement to give up/ release their share was to ease sale of land and later distribution of sale consideration than possibility of recovery otherwise it will be tough to prove.
What is the language of release deed and was it done by registered deed ? If, not than release deed not valid, and sale of land on the basis of unregistered release/relinquishment deed is void.
Need to see the document of agreement of 1 cr.if it ia their then a case of cheating n forgery under section 420, 34, 368,504 etc can be invoked.but till the papera are seen cannt give exact guidance.
If your aunt has already sued her brother claiming balance amount, it would be advisable that your mother also join her as a party seeking similar claim from her brother since this was an agreement made in common with everyone by their brother.
Let them challenge their claim in court, the court will decide about the fate.