Claiming property

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

February 24, 2017 02:49 pm | Updated 02:49 pm IST

I am a senior citizen who paid in advance for a four ground plot (in Chennai) to a power holder. I was abroad for six months and the power holders absconded by the time I returned.

I approached the owners who lodged a police complaint stating that I had stolen the documents.

In 2005, I filed a suit against them in the High Court but they did not turn up.

In August 2013 the judge advised I pay the balance amount in court and proceed to register and claim the property. Unfortunately, I could not get the money within two weeks so I requested for more time.

It took over two years to get permission to pay the amount. After the Court order on 12-8-2015, I remitted the balance amount ₹ 65,00,000 as DD. For filing execution petition it took a year.

Meanwhile, the same property was sold by the second owner of the property to someone else. How should I proceed?

Soundaram N

Chennai

It is gathered from your query that your suit for specific performance of contract has been decreed and the matter is in execution stage. If your execution petition is diligently followed-up, the authorised officer of the court will execute the sale deed in your name. It is not clear as to why you seek refund from Court at this juncture. Since you have engaged a lawyer for handling this matter, you may act based on his/her advice.

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