No court will not accept the sale deed. You can take advantage of the said cross
Failed to register agriculture land by buyer during and after agreement
Sir, My father in law went done an agreement for sale of agriculture land 4 years back with a lady for 70 Lakh. An agreement was made for 3 months within which registration to be done by taking 10 Lakh Later we came to know she is a real estate broker and she was trying to extension of agreement period, as she did not get any client for purchase of property My father-in-law issued notice to do registration within agreement time, for which she fixed last date of agreement for registration She failed to do registration neither came to sub register office, we informed through phone also we are waiting near sub register office and same call recorded. After 6 months of agreement time specific performance case was registered by her stating few issues were there for so she did not registered Cross examination of her completed My father in law cross-examination pending Recently on suggestion from lawyer we collected some 14 sale deed what she purchased for less amount and sold for 4 times more within 2 years in each case All her transactions of her are less than worth 10 lakh till date…And till date she has not proven she was having 70lakh during agreement time. Even in court she failed to produce bank statement that she was having 70 lakh during agrement period... What could be the benefit we will get if we submit her 14 sale deed and prove her as real estate person? Will court accept sale deed of her if we are submitting to prove her as real estate? She told during cross that she was having amount before agreement as she sold some property( But in actual she sold for only 12 Lakh)
Asked 7 years ago in Property Law
Religion: Hindu
20 Answers
since lady has failed to produce bank statements that she had Rs 70 lakhs with her her suit for specific performance would be dismissed
during cross your lawyer can confront her with her with the 14 sale deed that she enters into agreement for sale and then sells property to third parties that she is carrying on business as broker
See you can take the stand that she was intentionally delaying the registration to find another person to sell the property, she herself failed to honour the agreement in such circumstances the other sale deed can be used to show that she is in business of sale and purchase and her only motive was to keep you people engaged so she can further sell directly and earn profits she has not sources to purchase the land.
See you can take the ground and further her bank statements are not on record, there is no effort from her side for registration so court may reject the suit.
You can bring that sale on record contradicting her statement before the court.
First question court will consider by court, her willing ness to perform her part and she herself violated the dead line, agreement expired and no specific performance. On the contrary you should filed FIR against him. Peandicy of civil suit no reason deny criminal prosecution. Secondly she is just a broker and shown herself purchaser but failed to turn up on last moment for registration.
But her cross is over now how will you cross her on those sale deeds ?
Sir, Without Producing sale deed how can we do cross and prove that she is involved in real estate or not having money....
Asked 7 years ago
Hi,
You are suggested to file all relevant documents which strengthen your case and sale deeds may be the direct proof.
But her cross is already complete and without cross examining her on those deeds, court will not consider them.
Sir, My advacate was saying he will recall for cross examination... He missed to cross her regarding Teloponic conversation regarding last date of agreement... My father in law called from subregister office please come for registration including her(Lady who done agreement)and her lawer we spoke and call recorded... So along with that advacate was saying collect some information regarding her realestate so that he will think how he can use....
Asked 7 years ago
You can during cross examination question her regarding transactions done by her as real estate broker
You should act as per your lawyer advice
Than file application for reexamknation. And submit call records that she herself failed to appear for registration on decided date.
Hi,
Once more suggested that you need to do all relevant works as suggested by your advocate.
Recall on ground of missing the points will not be entertained by court
See you can produce the documents with an application before the court.
See court may allow application to recall her for cross examination in that case you can put all these questions there.
You should go as per your lawyer opinion.
Dear Sir,
For second and expert advise you must consult experienced civil advocate or retired judicial officer.
Dear sir
Your lawyer is taking the case in right direction and the weight of the case is in your favour.
tell your lawyer to make application for summoning of petitioner again for cross examination to ask some more questions
Also provide call details for the last date of agreement to the court during the evidence of your father in the court.
Since she has stated that she had enough money to buy the property in her evidence, you may produce all those documents before her in the cross examination and confirm that if she had sold only those property or she had anything else sold other than these and whether she would be able to produce those details before court to prove that she had sufficient income to purchase the property of your grandfather.
If you have closed the cross examination you may ask your advocate to reopen the same and shoot all these questions.
This would ensure the protection of your interests.
The sale deed are additional documentary evidences supporting your case hence you may very well produce the same before the court to make your case more stronger.
.
Your advocate is right that he wants to recall her.
You may follow the instructions of your advocate in this regard which appears to be proper and going in right path.
- As per the information mentioned in the present query, makes it clear that your advocate is not right in suggesting that she will be recalled for cross examination when it has already been over and now no new document can also come on record, but can only argued orally before the judge and handed over the same to judge if he allows it as the stage of putting on record any document gets over after the evidence has been completed.
- Yes, the record showing that she doesn’t have that much of money would surely help you.
- And after the expiry of the time period mentioned in the agreement without having an extension agreement registered again, she can’t even think of getting any claim for the enforcement of the agreement.
