Legal Question in Real Estate Law in India
Sir,
I have purchased a Shop from a person "X". The owner of this property was this person's father 'Y". After Y's death I bought the property from X. X had requested me not to tell this details of sell to his sons 'Z' and so I did the same as he was in need of money moreover I was getting this property at lower price. Now the situation is the son ie Z of this person has raised an objection for this sale and have claimed that this property is given to them by their grandfather by the WILL. They also have filed suit in court stating that X has no rights on the property and asked for petition to state stay orders for all properties of Z. As per the WILL of Z, X has no rights, it is clearly mentioned.
X was really not knowing the fact that there is any WILL in favour of their son, as I know him very well.
Now.......
I have come to know that X was trapped by some anti social elements and was black mailed by some team. His son Z has filed suit against X asking petition to forbid/bring Stay on all the documentations/signature by X which are related to property of Y. Z are successful in getting temporary stay orders from court of law.
In the meanwhile as per the advice of my lawyer I have filed a suit against X and Z. I have stated that X and Z together had agreed to sale this property to me and now they have illegally encroached by property. Inshort I have filed a suit against Z stating that they were knowing the sale of this property and were present during the time of documentation (Actually they were not knowing the same). Unfortunately the names of Z is nowere mentioned in my sale deed, which makes my case tough to win.
Kindly suggest me following:
1. How can I get this property (in any way)_
2. If I cannot get this property than how can I get my money back. As X has lost all his money (X is deaf and dumb. or else Can I file suit against Z to get my money back)
3. How can I trap Z (I have filed police complain against X and Z for illegally encroching my property as per my lawyer's advice).
4. Can I forcefully encroach this property? What can happen in this case?
1 Answer from Attorneys
this question was answered earlier too.
Clearly Z has a right in the property through X. Your claim of money is only against X and not against Z. If you forcefully encroach the property, it will be against you as you have already admitted by filing a case against X and Z.
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