Legal Question in Real Estate Law in India

Property dispute.

3 people get a land,3600sq feet.In sell deed or kewala all 3 r owners.Major white money was paid by 1st as DD.Black money paid by 2nd and 3rd.Now 1st is claming 2500 sq feet saying most of the white is paid by me.20laks spent by 2nd 3rd 4 construction of building.Can 1st take advantage by the court.Possesion is wid 2nd n third.


Asked on 10/03/07, 8:20 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property dispute.

You have not specified what has been written in the purchase deed about the shares of each of the purchaser. Most of the things would depend on it.

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Answered on 10/04/07, 1:41 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property dispute.

good afternoon

as far the civil procedure sec 108 is concerned the land which is been mutuated is supposed to be examined. The payment/monetary deals which have taken place depands on the MOU but yes at this stage he can approach to the court filing a suit for the part possesion.

In case of need please contact personally.

Professional charges are applicable.

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Answered on 10/04/07, 3:05 am
Jayesh Desai Jayesh Desai

Re: Property dispute.

Information provided by you is incomplete. Hence, not possible to give you appropriate advise.

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Answered on 10/04/07, 3:14 am

Re: Property dispute.

If in sale deed the share of each owner is specified and the property is mutaed then he can not take advantage.secondly the agreement to sale must have mentioned total consideration of sale,so you can take advantage of agreement to sale also to rebutt the claim of owner who paid maximum white payment.In case of any need you may contact with details.Professional charges are applicable.

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Answered on 10/04/07, 7:48 am


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