Multiple registration agreement deeds
2 years ago
We have made an agreement deed for some land from our relatives.All of us got the land through partition suit. After paying some amount of money, our relatives made an another agreement deed for more money to others. We have already filed a specific performance suit. The opposite party filed a counter stating that the signatures are forgered. It has been 2 years and the case is still pending. Now 2 of the defendants are willing to accept that they have sold to us and willing to provide a statement in court. Can we proceed for registration of land or will there be any problem from the 3rd party people who made a 2nd agreement deed with our relatives.
As long as there is no injunction against the land to sell it, you can very well proceed with the registration process. If you can prove the 2nd agreement being made at a later stage then that will make the agreement void ab initio and there will be no problems.
Thank you
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Dear Sir,
Approach High Court and seek direction to conclude the suit within next three months as per following circular.
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DISPOSAL OF CIVIL CASES WITHIN 24 MONTHS – CIRCULAR
It was first filed on 25.10.2019 with an understanding that it will disposed of at the maximum period of 24 months as per circular issued by Government of Karnataka Department of Law, Justice and Human Rights Secretariat, Bengaluru bearing Notification No. LAW 294 LAC 2005, Bengaluru, Dated 29.12.2006 (hereinafter will be referred as Circular)
Karnataka (Case Flow management in Subordinate Courts) Rules, 2005
(Such similar rules are framed by each State Government in consultation with concerned High Court and accordingly the following categories of cases to be disposed as follows).
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
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