Need your help experts !!! property matter
Querist :
Anonymous
(Querist) 06 October 2011
This query is : Resolved
Hi Experts,
Summary:
A person (Mr. A)holds 13 acres land in Maharashtra since 40 years, initially he took the said land on rental basis from the original owners of the land (Mr. B). He (Mr. A) entered in a Joint venture with a partner(Mr. C). (Mr. C) purchased the said 13 acres from (Mr. B) being the land in possession of (Mr. A), an Agreement of Sale was executed. JV was dissolved and a consent term was executed. (Mr. A) was holding another piece and parcel of land, decided to handover the same to (Mr.C) and in turn (Mr. C) executed a Power of Attorney in favor of (Mr. A) and (Mr. A) became the owner of the land. (Mr. A) failed to enter his name in revenue records. It was in the name of (Mr. B)
Few years back around 2006, (Mr. D) got in touch with (Mr. B) and purchased the 13 Acre land directly being the said land in possession of (Mr. A). (Mr. D) didn't even bother to take a search of the said land and its possession. Last month, (Mr. D) issued a Public Notice in the newspaper in respect of the said property (13 Acre) stating himself as the lawful owner.
(Mr. A) is now 82 years old and is very tensed and want to resolve the issue as (Mr. D) fraudulently purchased the land from (Mr. B) without any public notice before purchasing the said property.
Note:
1. Power of Attorney from Mr. C to Mr. A is only Notarized and not Registered. And, also its a Xerox Copy. Mr. A lost the Original.
2. Agreement of Sale between Mr. C and Mr. B is also only Notarized and not Registered. And, also its a Xerox Copy. Mr. A lost the Original.
Query:
1. What's the remedy to resolve this situation?
2. Xerox copy of Power of Attorney and Agreement of Sale will be valid in the Court?
3. What can be done in order to prove his Adverse Possession?
4. (Mr. A) wants to take Stay or Injuction on all the CTS No. in the 13 Acre land, is that OK and what are the chances?
5. What will be the adverse situation of he tries to take Stay or Injunction?
Experts, please treat this as a crucial matter and help me out.
Raj Kumar Makkad
(Expert) 06 October 2011
You raise this query by identifying yourself as experts have decided on today not to reply any query if raised hiding his credentials.
Querist :
Anonymous
(Querist) 06 October 2011
Raj Kumar Ji,
I have re-posted it with my credentials. Please Help
prabhakar singh
(Expert) 07 October 2011
THAT's why i have answered you there author Rizwan Shaikh !!
