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Legal service India => Property laws => Topic started by: serve green on November 05, 2017, 06:22:39 PM

Title: agreement of sale property
Post by: serve green on November 05, 2017, 06:22:39 PM
HI,
Thanks to everyone,i have 2 queries.

1)  I am NRI I did a agreement of sale with cousin who is my  brother in law and i paid him 50% of total amount of property sale said amount .They ask me initially 1 month of time as they are having function in home.After that they are not on words.since from last 2 years he is not registering property and threating me that if i comes to india, they will put me in false allegation and stop me going back to overseas.Please help meout.

2)i had another property which is between me and my mother name. before dying my mother sign on her will on bond papers.that the property is belong to me.After 5 years of her death my brothers and sister visiting to the renters of my property  and threating them to give them rent.what should i do.Thanks
Title: Re: agreement of sale property
Post by: adv.amarnath on November 25, 2017, 09:37:58 AM
1)  I am NRI I did a agreement of sale with cousin who is my  brother in law and i paid him 50% of total amount of property sale said amount .They ask me initially 1 month of time as they are having function in home.After that they are not on words.since from last 2 years he is not registering property and threating me that if i comes to india, they will put me in false allegation and stop me going back to overseas.Please help meout.

Ans: I dont know whether you are leaving in Filmy World or not and for same you are not coming to India. Any way if your Agreement for Sale is registered then you can file Civil Case against him within 3 years from the date of expiry of obligation date. As per your version I am in doubt that your agreement may be unregistered and therefore you have to impound your agreement for sale at the time of filing of case. Further you have option to file a complaint under Section 420, 504, and other relevant provision of IPC before police station against your cousin.

2)i had another property which is between me and my mother name. before dying my mother sign on her will on bond papers.that the property is belong to me.After 5 years of her death my brothers and sister visiting to the renters of my property  and threating them to give them rent.what should i do.Thanks

Ans: If you mother has not executed WILL properly with two attesting witnesses then such bond paper has no validity and it shall not be regarded as WILL. If it is properly executed then you must file probate case. Otherwise all siblings including you and your father are joint owner and every one has right to claim rent in respect of their share