Property Sale Dispute Defense
Summary
In Punjab, if a registered sale deed was agreed upon by both parties, it holds significant legal weight. If the plaintiff claims fraud or minor status, demand proof and emphasize your bona fide purchaser status. Use estoppel to argue against the plaintiffs current claims based on their previous acceptance and actions. Consider the statute of limitations given the 10-year gap since the transaction. Consulting a local lawyer is crucial for a detailed legal strategy and to refine your written statement for court.Full Conversation
Plaintiff after sale his share -* paisa, sale deed registered before Sub registrar & accepted in presence of plaintiff. I am defendant I want know that "Whether Declaration after sale deed registered by plaintiff himself, court allows" the plaintiff has filed Suit for Declaration, can ellation of Agreement & permanent Inj. NOTE: why he seeks cancellation of Agreement whereas NO An y agreement is executed
In your situation, these legal principles might help:
- Registered Sale Deed: If the sale deed is registered and the plaintiff agreed in front of the Sub Registrar, it holds significant legal weight.
- Cancellation of Agreement: If no agreement exists, the plaintiff's request for cancellation may lack basis.
- Defense Strategies:
- Bona Fide Purchaser: Argue you purchased in good faith.
- Estoppel: Plaintiff’s actions may prevent them from challenging the transaction now.
Consider consulting a local lawyer for tailored advice.
Plaintiff is not minor though 22 years * yrs ago, now says I was minor and got rent which is clear a lie
In your situation, you may consider the following defenses:
- Registered Sale Deed: Highlight that the sale deed was registered with the plaintiff's agreement.
- Fraud Allegation: Demand proof of any alleged fraud.
- Bona Fide Purchaser: Emphasize your good faith in the transaction.
- Estoppel: Use plaintiff's acceptance and actions against their current claims.
Consulting a local lawyer will be crucial for a detailed legal strategy.
U could pl make a reply of it as Written Statement
Case Rating: *
Here's a brief outline for your written statement as a defendant, addressing the plaintiff's claims:
*. Introduction:
- State your identity as the defendant and the nature of the suit filed by the plaintiff.
*. Facts of the Case:
- Detail the purchase of the shop from the co-sharer 10 years ago and your possession of the property.
- Explain the registry issue and subsequent agreement with the plaintiff to correct the oversight.
- Mention the registration of the sale deed before the Sub Registrar with the plaintiff's presence and agreement.
*. Defense:
- Registered Sale Deed: Emphasize the legality and validity of the registered sale deed agreed upon by both parties.
- Bona Fide Purchaser: Argue your good faith in the transaction, unaware of any alleged fraud or minor status.
- Estoppel: Use the plaintiff's acceptance and actions to prevent them from denying the transaction.
- Statute of Limitations: Highlight the time elapsed since the transaction.
- Fraud Allegation: Demand proof of any alleged fraud by the plaintiff.
*. Conclusion:
- Request the court to dismiss the plaintiff's suit based on the evidence and facts presented.
It's advisable to consult a local lawyer to refine and tailor this statement according to your specific situation.