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Legal service India => Property laws => Topic started by: sreesupandi on September 24, 2015, 12:49:11 AM

Title: whitepaper sale agreement dispute
Post by: sreesupandi on September 24, 2015, 12:49:11 AM
Hello Sir/Madam,

Please suggest options for me considering my below situation:
   
stake holders:
 A (70 yrs): my dad, purchaser of an open plot
 B1 (68 yrs): seller of plot
 B2 (73 yrs): husband of B1
 B2: attested witness on agreement documents
 B2: hand wrote the agreements.

As claim: B1 fraudulently gift-deeded property whose ownership she relinquished to A 25 years earlier in a white paper agreement and whose relinquishment was attested to as a witness on the same paper by the beneficiary, B2.


 
Following is the sequence of events
E1) 20-10-84: D1: Dated white paper agreement states
 --- 1) A gave B1 Rs10000 as advance towards purchase of plot identified in D1.
 --- 2) B1 expects Rs 5000 more as remaining amount within 3 masas (months) for completion of transaction.
 --- 3) when Rs 5000 is received in time then B1 will register sale when desired by A.
E2) 08-01-85: D2: Dated white paper agreement states
 --- 1) A gave B1 pending Rs5000 towards purchase of plot identified in D1 and again identified in D2.   
 --- 2) B1 relinquishes all rights to the property
 --- 3) B1 will register sale when desired by A.
 *** B1 & B2 gave title document to A
E3) 2003: Neighbourhood road improvement cost share is  paid for by A, local association records noted same.
E4) 2008: A orally asks B1 and B2 to register document. B2 orally claims documents are not genuine.
E5) 2009: B1 registers the plot to B2 as a gift deed.
E6) 2011: A takes physical possession of open plot and.
 --- 1) Constructs boundary walls.
 --- 2) Constructs servant quarters.
 --- 3) property has no house number before or since. Gets an electricity connection and electric meter on property by addressing the property with respect to an an electric pole adjacent to the plot. pays electricity bill ever since.
 --- 4) Places a publicly visible board noting that property belongs to 'A' and trespassers will be prosecuted.
E7) 2011: Lawyer exchange between A and B1 & B2.
 --- 1) A's lawyer asks B1&B2 to register plot to A as per D1&D2 failing which court will be approached.
 --- 2) B2's lawyer responds B2 claiming D2 was after 3 masas, even though it is dated only 70 days after D1 is dated.
 --- 3) No further exchange
E8) 2014: The state got split into two new states. City of plot is Warangal.



As claim: B1 fraudulently gift-deeded property whose ownership she relinquished 25 years earlier in D2 with witness of current beneficiary, B2, to A.

Questions
How  can A
 --- 1) Get the gift deed in E5 erased/rectified
 --- 2a) Cause B1 and B2 to register the property to A as per D1 ad D2
 --- 2b) or register plot to A or some other without consent of B1 and B2
 --- 3) cause B1 and B2 to not lay claim to the plot any further
Title: Re: whitepaper sale agreement dispute
Post by: sreesupandi on September 24, 2015, 02:58:52 AM
question 4) what is the effect of any demise of any stakeholder
Title: Re: whitepaper sale agreement dispute
Post by: adv.amarnath on September 24, 2015, 08:29:27 AM
You please stop these E1 D1 .... please go to mathematics class. You are complicating your situation more than it is.
Title: Re: whitepaper sale agreement dispute
Post by: sreesupandi on September 24, 2015, 08:51:23 PM
E1 D1...allow for precision and cross reference, which I thought would be useful for minimising turnarounds, but I appreciate the detail can be tiring. I hope below suits better.

My dad purchased an open plot from a couple in 1984/1985 by paying an advance followed by paying remaining amount 70 days later and received the title-deed on seller's name. Each payment, property, seller and purchaser are recorded on separate white papers dated, hand written by husband, attested as seller by wife and attested as witness by husband. The second whitepaper  states wife relinquished right to plot and would register it whenever and to whomever my dad choses.

Now couple refuses to honour the said agreement. We are unable to get a house number and a municipal permission for construction as we need the plot registered on our name for that. What can recourse to get plot registered on our name with or without the couple honouring their end of bargain, relinquishment and promise to register, noted in the written agreements of 1984/1985?


Below happened in the interim:
 * Neighbour home/plot owner documents record that in 2003 my dad, as owner of said plot, payed for road improvement funds then gathered.
 * In 2008, couple refused to register it on my dad's name. in 2009, wife gift deeded the plot to husband's name. In 2011, unaware of the gift deed, my dad sent a lawyer notice to couple. Couple's lawyer responded by stating written agreement was invalid as second payment being 3 masas after first payment breaks the 3 masa time limit on remaining payment mentioned in first document. This is not true as both documents are dated and they are 70 days apart.
 * My dad soon after in 2011 took physical possession of the plot, placed publicly visible board on the plot declaring it as his, constructed servant quarters and a compound wall,  got a metered electric connection to the quarters. A servant-couple has been residing in the quarters and we have been paying the electric charges ever since. Couple has not approached police or court to evict us or the servant-couple. This is the status as of now.



Thanks in advance.
Title: Re: whitepaper sale agreement dispute
Post by: adv.amarnath on September 25, 2015, 10:04:00 PM
Your father is not all owner of the property which he had purchased from that couple in spite of having an evidence of that piece of paper. But in the eye of law it was never been transferred legally and the couple is not bound to register it in the eye of law.

Above statement is a basic and general advice but your father has a chance to be the owner of that property legally which i cannot suggest in this open forum due to my professional reasons. You can contact me with the details of your matter over my email for legal advice in details.