Dispute regarding ownership of land
BALVIR KANDA
(Querist) 04 December 2013
This query is : Resolved
I purchased one 24 marla Plot in year 2009 .I applied for loan of Rs.10.00 and bank asked me to provide legal opinion which I got from one lawyer in Jalandhar. He reported a clear title of the property with 13 years record. I got mutation advice of the property from patwari. Bank sanctioned me loan and disbursed the same. I got the plot registered in my name and got Phard from the Patwari in my name after 25 days approx. I have repaid the loan.
Now 2-3 months back I wanted to sell the property for which I visited the office of the patwari to get fresh phard. To my surprise Patwari told me that there is stay on the land approx 6 kanals in the khasra numbers in which my plot falls. On my further enquiry I got the information that the person who originally sold the 6 kanals land was having will and power of attorney in his name. The original owner has already died. One lady has claimed that she is the second wife of the deceased. Now the suit is between land developers and the lady claiming second wife.
The status of the case as of now is that once it has been decided ex –party in favour of the lady claiming herself second wife and the land developers have challenged the same which is pending in the court.
Please let me know what should I do now ? Should I file suit against the person from whom I have purchased the plot or I shall have to wait till the case is decided between the lady and land developers.
Balvir Kumar
Email: balvirkanda@gmail.com
ajay sethi
(Expert) 05 December 2013
was power of attorney for sale of land registered? was probate of will obtained by seller ?
you will have to make an application for setting aside exparte decree . you have to contest the suit .
Rajendra K Goyal
(Expert) 05 December 2013
Prey for setting aside the ex-party decree, and contest the suit. Contact a local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 05 December 2013
Subsequent to the death of the Principal, the power deed will become infructuous,the power stand stands nullified. The Will should be probated. How come a person can be bestowed with two type of transfer i.e., through POA Deed and Will? I think your legal opinion and other aspects have been obtained in a hurry including the bank loan. Now wait for the outcome of the court case or implead yourself as party to the case and you contest the same on the basis of the documents in your possession.
R.K Nanda
(Expert) 05 December 2013
nothing more to add.
prabhakar singh
(Expert) 05 December 2013
It appears exparte decree is not against you but against the developer.
A transfer via POA and WILL is not a valid transfer.
It would be better for you to file a suit impleading all those who are causing threat
to your title after consultation with a local lawyer because any most suitable advise without examining documents and papers of pending case is not possible.
