shakeel
22 May 2013 at 21:59
I was working in abroad. I have purchased a property in 2005 in B’lr through my co-brother, who is a local guy and have trust at that time. As per his suggestion, I was thinking to buy another property 40'x60' by disposing this 30'x40'. By trust I gave notarized G. P.A (for sale and to do any sort of transactions) and handed over all original documents in 2007 for exchange of property to my co-brother. He let out the site on rent and signed agreement on my behalf as holding G.P.A. In my visit to India in Jan’2008, I have shifted my family to B’lr. We had discussions with co-brother to return all documents along with G.P.A.(didn’t proceed to cancel G.P.A as per procedure) he agreed for that and I have transferred the property in my wife’s name on 28th January 2008 to take care and informed to tenant personnely and through e-mails also. Tenant agreed to pay rent to us since 1st Feb’2008. Several e-mail communications done with tenant for the payment of rent, in mail also he was agreed, but didn’t pay rent. My wife didn’t apply for khata transfer immediately as we are not aware much and i was in abroad. My co-brother take the advantage of notarized G.P.A and transfers the property on his wife’s name on 31st March 2008 and obtain Khata in his wife’s name immediately (as E.C clearly indicates the transfer of property by the owner on 28th Jan, 2008 and second transfer by GPA on 31 March, 2008 by which GPA got ceased by change of ownership. We applied for Khata in Jan’2009. We came to know that khata has been issued in the name of my co-brother’s wife. We filed a petition to the D.C to revoke their khata. We also filed a case against the tenant in 2009 for ejectment. In 2010 Tenant and my co-brother collided and by suppressing the facts, co-brother filed a case against tenant in another court based on khata / sale deed and got the decree from the court as possession holder by ejectment of tenant, so our 2009 case got infructuous, In that same case we filed an applications to add co-brother and his wife as parties. Recently Khata has been revoked from my co-brothers wife and transferred in my wife’s name by corporation authorities, again my co-brother W.P in high court by saying the case pending, so high court issued an order to suspend Khata until court decision.
As I was the principal of property and gifted to my wife, by which the GPA got ceased (I transferred the property on 28th January 2008 and GPA holder transferred on 31st March 2008). Verbally I had informed to return that notarized GPA and I returned back to abroad after transferring property to my wife’s name, but he cheated and transferred on his wife’s name. I don't have GPA cancellation document. Recently we filed deed declaration case. Seeking an advice how to proceed with this case and possible consequences. Your valuable responses in this regard is highly appreciated along with citations. Applicable fees will be paid, if required can visit your office. Please forward responses to shakeelbashas@yahoo.com
Regards
Pratap Kolte
22 May 2013 at 21:45
Mother has made power of attorney for her son for the property X. Son has sold the property X by using the power of attorney.
After 2 months mother purchased property Y. Without mother's knowledge son has sold the property Y with the previous power of attorney.
Prima facie FIR can be lodge against the son and the purchaser. Can the subregistrar be prosecuted who had registered the deed for property Y?
Shinde
22 May 2013 at 17:17
My father in law had bought flat some 45 years ago. After him the flat has been transferred to my mother in laws name for what my sis in laws 4 and my husband only son has given sign on NOC Now my sis in laws are coming very frequently staying with us and doing unwanted interference. After intervension they fight back a lot and now finally they have asked us. (Me and my husband) to vacate the house. Mom is laws is completely influenced by them. Pl suggest what best we can do to avoid being homeless? We are ready to give their share in the house in form of money.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Registration of immovable property- doc of second holder of property for registration of agreement
we r planning to purchase a flat in thane district...my husband will be the first holder and I second holder.
all my document and photo id are in my maiden name...I would like to register the property in my married name...
I have only following doc in married name
1. joint bank account with photo in bank pass book.
2. Name change published in Maharashtra gazette
kindly let me know whether registrar will agree for registration of doc without my photo id or alternate suggest some remedy