Property taken forcibly. How to regain possession of property?
My father's property has been acquired forcefully and illegally by someone. My father and his brother got into an agreement to sell their share of ancestral property in Punjab by accepting a token money (bayana) 5 years ago wherein my father did not make further payment as he found the rate of the deal lower than the market rate.
The party still went ahead and has taken forceful possession of my father's property as well.
How do we get back our property and what are the implications of not fulfilling the terms laid out in the agreement to sell?
In light of the limited facts provided by you we are assuming that all the ingredients of a legal contract are present which makes it a valid contract.
Refusing to accept the consideration and repudiating the contract on the grounds that the rate of the deal is lower than the market rate is not recognized as a valid ground for termination of contract under the Indian Laws. Hence, to be honest you are liable for breach of contract and when your father refused to accept the consideration for the property, the proper recourse for the other party was to file a case for specific performance of contract which we are again assuming they did not.
No one can take forceful possession of anyone’s property and the same amounts to criminal Trespass under the Indian Penal Code. Thus the recourse available to you is to file a case for Criminal Trespass against the other party with respect to getting the possession of the house back.
And as a time period of 5 years has elapsed since the date of contract, it needs to be examined based on all the facts, if the contract can be terminated / repudiated under any of the grounds for termination of contract recognized under the Indian Contract Act.
We will be able to provide you with a comprehensive opinion once we review the detailed terms and conditions agreed upon by both the parties in the Agreement to Sell document.
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