Property Sale Dispute Resolution

Summary

A property dispute has arisen between Mahesh and Anil over a 500 sq ft land parcel. Mahesh sold parts of the land to Anil and Lal Babu through registered sale deeds, while Anil claims ownership based on a notarized agreement. The lack of a specific timeline in the agreement complicates the matter, as courts may imply a reasonable time for performance. Anils encroachment on Lal Babus portion could be illegal. Maheshs legal notices to Anil were refused, and postal data retention issues may affect proof of delivery. Legal consultation is advised to resolve ownership and encroachment issues, and to understand the implications of the notarized agreement versus registered deeds.

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*: Mahesh purchased the entire land, including Part B, via a registered sale deed. *: Mahesh entered into a written agreement on a Rs. * stamp paper, notarized, with Anil to sell * sq ft of Part B, with payments in installments ("kist") and no specific timeline. Anil paid Rs. *,* as earnest money. June *, *: Mahesh sent a legal notice via speed post, giving Anil 15 days to pay the balance or face cancellation, as Anil failed to fulfill his obligations. Anil refused to receive this notice (tracking number EH594912872IN, dispatched from Palam Road, Gurgaon, Haryana).
To better understand your situation, could you please clarify what specific guidance or information you are seeking regarding the transaction between Mahesh and Anil?
September *, *: Mahesh sent another legal notice with similar content, via speed post, which Anil also refused to receive. October *, *: Mahesh executed a registered sale deed for * sq ft of Part B to Anil, likely as a compromise after partial payment. June *, *: Mahesh sold the remaining * sq ft of Part B to Lal Babu via a registered sale deed. March *, *: Mahesh filed an RTI (Registration Number: POSTS/RT/E/*/*) to obtain delivery records of the * notices, with the status transferred to the Darbhanga CPIO on March *, *. March *: Anil claims ownership of the full * sq ft based on the notarized agreement, offers to pay the remaining amount, and has encroached on the * sq ft sold to Lal Babu.
It seems like this situation involves a dispute over property ownership and the fulfillment of a sale agreement. Here are some general legal points to consider:
- Registered Sale Deed: The registered sale deed is a strong legal document. Mahesh executed a registered sale deed for * sq ft to Anil, and later for * sq ft to Lal Babu.
- Notarized Agreement: Anil is claiming ownership based on the notarized agreement, but the registered sale deeds take precedence in legal terms.
- Encroachment: Anil's encroachment on Lal Babu's * sq ft could be considered illegal.
You may need to approach the local court for resolving this ownership and encroachment issue. Would you like to be connected to local lawyers who can better assist you with your case?
anil have original agreement
It looks like Anil has the original notarized agreement. However, registered sale deeds usually hold more legal weight than a notarized agreement. Here are some steps Anil can consider:
- Legal Consultation: It's essential to consult a lawyer to understand your legal standing and options.
- Court Proceedings: You might need to approach the local court to assert your claim based on the notarized agreement.
- Documentation: Gather all relevant documents, including the original agreement, payment receipts, legal notices, and any correspondence.
Would you like to be connected to local lawyers who can provide detailed assistance?
in agreement the time limit is not mention?
Case Rating: *
In your situation, the lack of a specific timeline in the agreement could complicate the enforcement of the contract. Generally, without a specified time, the courts may imply a "reasonable time" for performance. Here are some points to consider:
- Reasonable Time: Courts may determine what constitutes a reasonable time based on the context and other factors.
- Legal Notice: Mahesh's legal notices set a timeframe for payment, which could be seen as an attempt to define a reasonable time.
Would you like to be connected to local lawyers who can better assist you with your case?
is any time limit of without time mention in agreement?
Case Rating: *
In your situation, there is no specific time limit mentioned in the agreement, the following points are relevant:
- Reasonable Time: Courts generally imply a "reasonable time" for the performance of the contract.
- Legal Notice: Mahesh's legal notices can be seen as an attempt to define this reasonable time.
Would you like to know more about how courts determine "reasonable time" or do you have another question?
i sent a leage notice to anil but now he refuse he did not get any notic ?
Case Rating: *
If Anil is refusing to acknowledge receipt of the legal notice, here are some steps you can consider:
- Proof of Delivery: Obtain proof of delivery from the postal service (tracking number can help).
- Court Intervention: You may need to present this evidence in court to demonstrate that Anil was notified.
Would you like more details on obtaining proof of delivery or have another question?
but the data is delete by indian post he say we have only * moth of speed post
Case Rating: *
If the postal service deletes data after six months, it may complicate proving that Anil received the notice. Here are some steps you can take:
- Affidavit: File an affidavit stating the details of the notices sent.
- Witnesses: Gather any witnesses who can confirm the delivery attempt.
- Alternative Proof: Consider other forms of delivery proof like private courier receipts.
Would you like more details on these steps or have another question?