Legal Question in Real Estate Law in India
Dear All,
I am posting this threat, hoping that i could get atleast some help and advice regarding the land litigation case that i have been struggling since more than 4 years, and kindly request you all to throw up some light on this query , so that i will know how to come out of this mental torcher.
Property (Survey No.X) in Bangalore belongs to Party A, and he makes around 15 sites in the property X (agricultural land)and registers in favour of B(1,2,3,4......15) where 1 to 15 are 15 parties for 15 sites together called as B, then after many years later, Party A along with his legal Heirs solds the same Property X to Party C , but this transaction is as complete survey no X transfer to Party C's name. and hence the RTC(phahani, )EC all in favour of Party C now. and Party C has also got the Court Degree from Party A and his Legal Heirs, and now Party C goes for the position of vacant land. and Earlier Party B(1,2,...3...15) questions this transaction in the court, and thus the land (Survey No X) becomes litigated land,
Party B files a Criminal case against Party A and his legal heirs, and Party A defends this in the court saying that Party A is uneducated, and not received the considerations and other stuffs, in the court and finally after 3 years of hearings Court gives judgement in favor of Party A,... and now Party B and Party C are fighting in the court............but the problem here is Party A sold the Property X to Party C with an understanding of settlement would happen between Party C and Party B, without actually receiving any considerations,.... and the party C now almost going to win this case in the court, and trying to sell this property X to Party D, but Party A has not even received any considerations and promises given by Party C at the time of registration of Party A to Party C. there are no agreements or blank cheques given by Party C to Party A, ...now as per the latest news about this litigation is , Party C and Party B(1,2,3..15) are going for outside court settlement by selling the property to Party D and as promised by Party C to Party A of settling the amount , is now trying not to respond to Party A 's requests and not keeping Party C's promise with Party A.....
But there was only one thing that Party C gave it to Party A during the transaction, that is known as MOU, and it says Party C is already aware of Party A's transaction with Party B, and since the land is under litigation, the final settlement will be done which is 1/3 rd of the considerations to Party A after the litigation is over.Party A has only this MOU with him.... and now how party A should approach to get his considerations during outside court settlement between Party B and Party C....
I know its really tough to read this entire threat, but this is contains last 4 years fate of Party A, i want to know what Party A can do atleast now to have some control over Party C....
Pleas please reply your views,... i really hope i get some little light out of this ...
Thanks all in Advance
Jeevan
3 Answers from Attorneys
Move an application for additianal evidence in the court if ur evidence is closed and prove mou or u may file civil suit
In view of so many facts, documents etc. it is advisable to consult a lawyer in person.
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Hai, my name rizwanbasha i need legal advice plz help me out... my issue is... Asked 2/07/12, 6:59 am in India Real Estate and Real Property