• Issue on house

I had bought a house at a cost of 8 lacks  by written agreement of their family and after registration we took the original documents. At that time one of his major son was in Kuwait that we don't know about that and without knowing that we registered the house but after the death of the head of the house . The son who is in Kuwait came back and made a complaint that unknowingly they sold the house but actually the letter with his signature was with me,but one of my lawyer lost or may sold to him. The case is running since 17 years. Now plz help me what can I do now. Now the property price is around 1 crore
Asked 2 years ago in Property Law from Nellore, Andhra Pradesh
Religion: Muslim
1) if parents were the owners of house son code t not necessary for sale of house 

2) only if it was ancestral property then son consent was necessary 

3) it is necessary to peruse suit papers to advise further 

4) if parents suppressed information about son share in property you should have filed case against patents for cheating 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

The son can successfully challenge the sale deed if he can prove that he had a share in the house, to sell which his consent was not obtained. Everything hinges on the letter of consent that you are referring to.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Whether the property is self acquired or ancestral. if self acquired property of the father than you have a very good case. the letter written by said person from Kuwait is very important and crucial document. How that document was lost or misplaced. You have take steps for locate that document or else initiate legal proceedings against said lawyer to whom you handover the document by approaching police or concerned state advocates bar counsel 
Lakshmi Kanth
Advocate, Hyderabad
404 Answers
13 Consultations

4.7 on 5.0

It was your fault to have purchased the property without ascertaining the list of legal heirs to the family or successors in interest to the property being purchased by you.
To avoid lawyer fee, you would not have even opted for obtaining legal opinion to the property being purchased. 
Why is the case pending for 17 years?
What is the stage of case?
What is the opinion of your advocate for this long pending?
You may revert with more details for more proper opinion to your query. 
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

1) If you are apprehensive of your lawyer changing sides, change your lawyer. 
2) Surprised to know that your case is running for 17 years. 
3) if you have filed the criminal case against the sellers and the brother probably by this time the criminal case and the civil case  would have been completed long long ago. Not sure on what was your legal strategy when the issue came up. 
4) If you can provide me us the Docket Order of your court case, we will be able to tell you the exact remedy for speeding up the court case.
5) In your case, the other side knows that they will loose the case and hence probably have been dragging the case for such a long time so as to harass you. 
6) Also we presume, you are in possession of the house and also that the property is mutuated in your name in property tax, electricity bills and water connection etc. 

hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1321 Answers
167 Consultations

5.0 on 5.0

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