I purchased a measuring 5400sq feet from a lady for which she told me to transfer the amount in to my husbands account which I made from my account. after that we made a document stating that the said amount has been recieved by me and I have on spot handed over the ownership rights on my name.i also cultivated the said land for six months now I am in recipt of a stay order from the court and the lady is claming the said land.the document is notarised but has an insertion or overwriting in the amount being recieved by the lady.what shall I do now ais my money which I transfer safe.what shall I do plz advice.
Asked in Property Law from srinagar, Jammu and Kashmir
now you will have to fight it court as stay order has been obtained
Advocate, New Delhi
1) sale deed ought to be duly stamped and registered to be admissible in evidence . in your case you have purchased land on basis of notarised agreement . in addition it appears amount has been over written .
2) since stay order has been passed by court you cant create third party rights on property .
3) arrive at an amicable settlement with seller . file consent terms in court . have sale deed duly registered
1. Not getting a registered sale deed in your name is a mistake committed by you,
2. Now contest the case in the Court with the documents you posses.
1. Was the lady the legal owner of the property? If she was not the owner then you should not have transferred the consideration to her husband's bank account.
2. Why did you not make the sale deed? How can you prove your ownership if you do not have a sale deed in your favour?. You should have sought legal advice from a lawyer by showing to him the agreement which was proposed to be notarised so that he could have acquainted you with the legal connotations arising therefrom. Sine you failed to follow the principle of 'buyer beware' this lady pounced on the opportunity of impeaching the sale made by her.
3. Now engage a lawyer and show to him the stay order passed by the court and also a copy of the agreement which you made with this lady so that he can advise you the further legal recourse as to the necessary steps required to be taken to obviate the consequences of the law suit filed by her. If a stay order has been passed you are under an obligation to obey it unless it is quashed by a higher court on a challenge brought by you. Violation of stay order will amount to contempt of court. A stay order is open to challenge in a higher court, but the feasibility of challenging it can be decided by your lawyer alone after perusing the case filed by her and also the order passed by court.