• Land issue

Hi,
My Aunty(My father younger sister) bought loan for the land document(670 sq ft) before 20 years for 20000 thousand rupees from the third party. But she failed to pay the loan my father involved and paid the loan amount 20000 thousand. She Promised and written and gave in the white paper that she will give the land to my father and she will do the agreement and provide the land to my father. My father has bought land documents from the third party.  After that land came to My father control but agreement was not made as she absconded for few years. Now she and her sons are touch erring, threatening and asking the land document and the land. Kindly let me know how to handle this situation and we need the land.
Asked 1 year ago in Civil Law from Salem, Tamil Nadu
1) your father should have filed suit for specific performance if his sister had failed to execute sale  deed in his favour 

2) since land is in possession of your father and original  documents are with him his sister will have to settle with your father 

3) if sister and children are threatening your father should file case of criminal intimidation. Against his sister and  her children under section 506 of IPC 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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1) file police complaint against your nephews for trespass as they have forcibly entered the house 

2) in the event any civil suit is filed by your aunt to recover possession of the land you can take the plea of adverse possession in your defence as you have been in possession of the premises for over 20 years 

3) post security guards on land and install CCTV cameras on the land 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Legally you cannot claim the land or property because your father is occupying the landed property without any rights or basis.  Just having possession of original land documents will not confre title on your father. The owner has to execute a registered sale or any kind of transfer deed to your father and only after that he can claim title to the property.  The story narrated by you that your father cleared a loan and hence he is in possession of land as compensation will not be tenable in law. He should have a proper record for transfer of property unto his name duly executed by the owner as vendor. 
There is no solution this through legal process and the only way is by settlement through mutual talks and agreement involving elders if necessary. 
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
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1. A promise to make an agreement to sell the property is unenforceable as it is a promise to create a future right.

2. Your aunt has the right to get back her documents by filing a lawsuit against your father. This apart, she can also file a criminal complaint for theft against your father.

3. Your father should return the documents to her. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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