Fradulent aquiring of land property by relatives
I had purchased a ready built house in East Champaran in Bihar in the year 2007. Subsequently after purchase of the above House, my own elder sister requested me to allow them to stay in my above house for schooling of their children and also promised to look after my house. Since we were staying out side of our home town, we agreed to their proposal and they started living in my house from May 2007. A part of the above house was also given on rent to some other students and the rent amount was being collected by them. After few months of stay when I enquired about the rent amount, my sister and brother-in-law told that all those amount have been expended on repair to the house, fitment of a hand pump and clearance of drainage. As myself and my husband both were living away from the above place, I had to believe on them and remain silent over the issue. Again after few more months when I enquired for the same they come up with some more excuses and tried to escape from paying the amount. Despite all above on their saying I had deposited some amount recurrently into their Account for purchase of Asbestos and to undertake certain required work in the house. Since they are my own elder sister, both myself and my husband were having a good sense of faith for them. Even I used to keep my jewelry and other costly items with them to avoid robbery while travelling and while living outside. By taking advantage of our faith on them and that of our prolonged absence from the place, on Feb 2012 they reported me on telephone that somebody from the nearby is claiming to be the actual owner of the house purchased by me and they would occupy the house forcibly, since they are having the documentary proof with them. Such a sudden prospect of losing the property scared us and under the guidance of my sister and brother-in-law, We agreed to sale of the plot to a third party, who could be able to withstand the claim of the prior and thus we could be saved from losing our money on account of house. The sale of the house was perpetrated by my sister and his husband so hastily that, We had to accept the deal at an initial payment of Rs. 2,00,000.00 (Rupees two lakhs only) while registering the house to the third party against the deal value of Rs. 13,50,000.00. The payment of remaining amount was though guaranteed to be cleared with in 01 month, only Rs. 5, 74,000.00 was paid to me by my sister after three months and the same was credited to me through bank. The balance amount has not yet been paid to me and after few months of time I came to know that the house has been re-registred in the name of my sister which clearly speaks of their malicious intension to grab my property.
Request suggest me, how to take remaining amount of money from the purchaser or my sister. I have documents proof for all the above details.
Asked 4 years ago in Property Law from East Champaran, Bihar
since you do not have any document which says about an agreement to sell ,you will have fight it.pls note that suppose the market value of your property is 20lacs ,then obviously you will not give them at 5.74.so start a process by giving them legal notice and asking them to make balance payemnt of rs-14 lacs or give the possesion of the property to which they will say that they have made it to you for which they also do not have any document .then file a suit in civil court for possession of property and let them show how they have arranged the balce amount of 14 lacs ,which i am sure that they will not be able to prove
Advocate, New Delhi
1)before signing any agreement you ought to have consulted a local lawyer . is the agreement duly stamped and registered . pleas clarify .
2) it is impossible to believe that you have merely signed on the dotted line without finding out who is the purchaser . the name of purchaser is reflected in sale deed . what is current valuation of property?
3) it is necessary to go through the agreement signed by you . there must be clause in agreement regarding default in making payment on due dates . if purchaser has failed to make full payment under the contract file suit for specific performance .
5) if sale has been vitiated by fraud you can file suit for setting aside sale deed
There are some details missing here. While registering the document, Vendor and Purchaser must sign the document and the same must be scanned in the books of Sub Registrar by capturing photos of both Vendor and Purchaser and the same will be printed on the back of your sale deed. I am very much sure you will have all the details with you. Go through the registered document and find out for what value the property has been registered. You can sue in the court of law if the sale is fraudulent.
File a suit for recovery of money; alternatively file a suit for declaration of your rights over the property since the said property has been sold by fraud
1. You dug your own grave by selling the property without consulting a lawyer personally. If some one else was claiming to be the owner of your property with the oblique motive of usurping it then you could have moved court and got a declaration of your ownership, but this option may not be available to you now if you have made the agreement.
2. Whether you can resort to filing a law suit for cancellation of sale cannot be determined unless the agreement itself is perused.
Immediately consult a lawyer and show him the agreement and all other documents to chalk out your further legal recourse.