• Neighbour going to court against my land

1.My mother has 8000 sq ft of land in Faizabad UP,her neighbour wanted to buy it,but after paying advance but, backed out,.his advance was returned.
2. Now when deal with some other party has been done,he got a lawyer to land and said he has gone to court,scaring the prospective buyers.
3. All papers are in order there is an adjacent piece of land between us ,which is not ours and we are not selling it also,can he just go to court like this,does he have to deposit some amount to make case admissible.
4. If it goes into litigation then my mother in law can't sell land she needs the money no notice received ,papers and possession are in order,please advise.
Asked 2 years ago in Property Law from Lucknow, Uttar Pradesh
Religion: Hindu
1. I do not think he has gone court and is trying to scare merely on the pretext of case.
2.In suit for specific performance of contract the willing purchaser is to deposit court fees on market value of the property.
3.Even if he files the suit there is no bar to sell the land unless and until there is an order of injunction against such sale.
Devajyoti Barman
Advocate, Kolkata
10772 Answers
134 Consultations

5.0 on 5.0

1. If the sale with him could not materialise the refund of advance amount paid to you should have been evidenced by a settlement reduced writing with him, this would have left with him no remedy. Now he can sue you to claim that the seller refused to honour the agreement and he should be directed to execute the sale deed in his favour. He may also apply for injunction against the sale of property to another prospective buyer, which may be granted by the court in its discretion. 

2. No amount is to be deposited to get the case admitted,

3. Unless there is a stay order passed by the court your mother is at liberty to sell her property. Contest his case on merits if he files it.
Ashish Davessar
Advocate, Jaipur
21827 Answers
595 Consultations

5.0 on 5.0

1) your mother is free to sell land as she has returned advance money paid and cancelled the deal 

2) if your neighbour goes to court to restrain your mother from selling land he would have to say court fees for filing suit 

3) as on date there is no stay granted and your mother can sell the land 
Ajay Sethi
Advocate, Mumbai
38816 Answers
2176 Consultations

5.0 on 5.0

you should file suit for temporary injunction, for preventing his to scale any dispute regarding enjoyment of property.  you have been in possession of land and balance of convenience is in your favour. 

If neighbour wants to buy it and availing his pre-emption right he is bound to buy it on the same market rate upon which it would be sale or other buyer is ready to buy. 

Shivendra Pratap Singh
Advocate, Lucknow
4809 Answers
72 Consultations

4.9 on 5.0

. All papers are in order there is an adjacent piece of land between us ,which is not ours and we are not selling it also,can he just go to court like this,does he have to deposit some amount to make case admissible.
If they both have entered into a sale agreement, then after returning the sale advance amount, the sale agreement should have been cancelled, however if you have proof for having returned the sale agreement amount, this will help you challenge the neighbor's case, in case they have file a suit for specific performance of contract.  Yes for this suit they may have to pay the court fee to the market value of the suit property.




 If it goes into litigation then my mother in law can't sell land she needs the money no notice received ,papers and possession are in order,please advise.
If there is no restriction by court to sell the property, she can very well sell the property.
T Kalaiselvan
Advocate, Vellore
28811 Answers
299 Consultations

5.0 on 5.0

what options does she have to sell land earliest without litigation delays;
As I said in my previous answer, if at all there is any litigation she may have to see if there was an injunction order by court restraining her from going ahead with the selling the property.  If there was no restriction from court for selling the property, she may very well go for selling the property at the earliest possible.  Also if they are likely to file a suit, you may advise her to file caveat before that. 
T Kalaiselvan
Advocate, Vellore
28811 Answers
299 Consultations

5.0 on 5.0

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