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Uncle died before executing documents, legal heirs creating trouble
03-Dec-2023 (In Property Law)
We are living overseas under mutual understanding,verbal agreement sent money to my uncle in 2016. With lots of argument he is finally accepted to register his land for the given cost. But before executing the document tat too a week before registration he died. Now his heirs are not willing to payback. How i get stay on their land? Having documents like ec,land NOC and uncle's video about accepting the money lended from us
You may have to prove the following facts by means of concrete evidence, to the satisfaction of the court: 1. that you had lent money to your uncle; and 2. that he had agreed to register his property in your favour in settlement of the loan he had borrowed from you. I need to examine the documents and view the video recording before rendering my final opinion on the issue.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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What is an example of a lis pendens case?
If, for example, buyer A and seller B enter into a contract to sell a house, and the seller decides that he will sell the home to buyer B, then buyer A can sue the seller in order to enforce the agreement. After filing a lawsuit the buyer can file a Lis Pendens, which makes it more difficult for the seller sell the home.
Can a property be sold during pendency of suit?
The party who sells his rights in a lawsuit loses that right. The only thing that Section 52 of Transfer Property Act states is that any transfer made while the case is pending is subject to the outcome of the litigation. 18-Jan-2022
What is the doctrine of lis pendens under section 52 of transfer of property act?
The rule of lispendens states that anyone who purchases property while an action is pending is bound by any judgment rendered against the person he acquired his title from (to the immovable properties, whose right is directly and explicitly in dispute in the suit or procedure).
What is the notice of Lis pendens in India?
The rule of Lis Pendens, as set forth in Section 52 of the Transfer of Property Act, applies to all property transfers that are related to an ongoing suit or proceeding. This includes transfers by the parties to the suit and proceeding before the resolution of the suit. 09-Sept-2023
Hi sir/madam. You told I given to money for my uncle that money which type you given you have any proof and you told uncle, uncle mean your close relative or third person then only we should given clear solution
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Adv. D Parthibhan
Chennai | 400+ Answers
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As per your version there was an oral agreement between you and your uncle to transfer the land for the money her received In the absence of an agreement for sale or an acknowledgement for the money borrowed it is very difficult to get a stay .
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Adv. G. Asok
Chennai | 200+ Answers
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Since there is no written agreement regarding the sale of the land you cannot prove that your uncle has intention to sell the land but you may have the proof of money sending so you can file an injunction suit not to sell your uncle land at proper court of jurisdiction. consult an expert before going legally.
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Adv. Satish Kumar
Chennai | 500+ Answers
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Nothing can be done. It is very difficult to get a stay immediately. More over you can not stop your cousins to go ahead with Sale deed. Having said that it is better to file a suit immediately so as to create lis pendens and you have good case in the final hearing.
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