Nikhil Sharma (Manager) 19 November 2015

Grandfather's property

Dear Concerned,

Please help me with your advice on the following property issue.

After partition of India my Grandparents came to Delhi from Lahor. My grandfather had bought two flats T-11(ground floor) & T-12(first floor) in refugee colony and the same were allotted to him by L&DO(Ministry of Home Affairs of Govt. India) on his name in middle of 1950s. He had made full payment as 25% by cash and 75% from the claim received against his Property in Pakistan. My Grandfather also got the Lease & Conveyance Deed registered on his name in the year of 1963.

Later on, due to his health issue(half body paralysis) and some financial crises, my Grandfather was forced to mortgage both the flats to his friend “A” for Rs. 900/-. No agreement had been made for this mortgage. It was all on mutual understanding.
As my Grandfather was bed ridden and could not able to move. “A” took over the ownership of both the flats by saying himself the “General Power of Attorney”. Whereas, my Grandfather had not given any power of attorney to anyone. “A” has a General Power of Attorney which is not signed by my Grandfather. In fact it has no sign at all. But somehow “A” had managed to get further sale deeds registered for T-11(ground floor) in favor of his brother “B” and T-12(first floor) in favor of his Sister-in-law(brother “C”’s wife). Also there are further transfers of property within the family to make a long paper trail and now “B”’s family holds the ownership of both the flats in the records of L&DO and Municipal Corporation.

My Father did not file any case against them due to shortage of resources and family responsibilities. I got to know all this now from my Father. My Father also showed me some old letters came from Govt. bodies and relatives on the same address(T-11 & T-12).
I started inquiring about the facts and filed an RTI to get the details but both the owners have refused to give the information to me.

I want to know the possibilities and the favorable points for me to pursue the legal case against them.

Please address the following queries too:

1. Being the grandson, can I claim the flats(property of my Grandfather) in the court?
2. What are the possibilities of favorable judgement for me by from the court?

3. If there is no sign on General Power of Attorney, is it valid to get the further sale deed registered?

Please advise me and show me the right path for going forward.

Warm Regards,
Jatin Sharma

Reply Follow

2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 November 2015

Sir, File the cancellation of both the GPA and sale deed on the basis of forgery of the documents .... Warm Regards Kapil Chandna Advocate 9899011450

Anand Bali Adv. (Advocate Solicitor & Consultant) 20 November 2015

Under the senerio of the facts it seems that the possession of the other party is a very long and uninterupted possession but not as the owner of the property as the porperty is lease hold in the name of your grand father and Thus it must be in the name of your grand father till its sale registration has been made to the thrird party.

Your case is haveing many interesting points further to be explored by the registrar office and the corporation records of the mutation and lease holding.

In case you are at Delhi you can personally consult the undersigned and please bring all documents on which you rely the holding of your grand father and in that further course of action we can try to explore some more befefitial facts to pursue the case in case it is not barred by the limitation Act. We are having an experience of last 26 years in solving Property and Family disputes. You can see and verify our credentials on many of the leading legal sigts of India.

Wish you a Luck !!