Property land conflicts.
VIMAL RAJ K
(Querist) 05 March 2013
This query is : Resolved
Mr. O and 4 sons are declaired as the original owner of the property by his father. A GPA was excecuted on a peace of land by Mr. O.
1. One Mr. X has purchased a land in 1993 and the sale deed got registered in Bangalore by the GPA holder (not by the original owner of the plot) and he signed the sale deed on behalf of the original owner(Not sure if the original owner has revoked the GPA).
2. Mr. X had not paid any taxes.
3. EC is not in the name of Mr. X
4. In case of Mr. X's GPA registeration(1993) only the GPA holders have signed not the original owner and 4 sons.
5. One Mr. Y has purchased the above said land in 2002 from the original owner. and registered at sub registrar office.
6. Mr. Y has paid all the taxes till date with a possession of a 1 square house and with electricity bill in his name.
7. EC is in the name of Mr. Y and in the 25 years EC no were Mr. X's registeration is recorded.(Only the original owner and the next is Mr. Y recorded till date 2013.)
8. In Mr. Y's Registeration sale deed(2002)the original owner and the four sons have agreed and signed the Registeration papers.
9. In 2002 No objection was made by Mr. X when Mr. Y compounded the land and built a house of 10 X 15 with Electric connection.
9.The original owner Mr. O died in 2007-2008.
Mr. X is objecting Mr. Y from constructing a house and filled a complain in police station. But in the police complain the site number is different and the GPA holders names are mentioned.
My questions are:
- How many years should Mr. Y have a possession to fight legally? (in this case its 12 years)
- GPA signed only by the original owner valid? (Without the 4 sons signature)
- If the GPA was cancelled before the registration of Mr. Y is the sale deed valid?
- What can be done legally to resolve the issue with Mr. X so that Mr. Y can enjoy his possession without Mr. X's disturbance?
- Does the above said the death of the original owner and for Mr. X the GPA registration was not signed by the 4 sons matters?
- Can someone please guide me clearly what should Mr. Y do to get this resolved?
Thanking you,
arunprakaash.m.
(Expert) 06 March 2013
If X has executed power of attorney by taking consideration from X then in that case the power of attorney is irrevocable and it is valid up to the share of the O. And the said power of attorney does not affect the other co-owners right.
Raj Kumar Makkad
(Expert) 06 March 2013
1. There is no relevance of the years in possession of Y as he is owner on the basis of his registered sale-deed and his possession shall never be treated as of an adverse possession.
2. Yes if the same was registered before registrar but only to the extent of its executors and not on behalf of other 4 co-owners.
3. If the registered GPA had already been used by POA holder while making sale to X then there is no effect of its cancellation while its subsequent sale by original owner and it shall not make the sale to Y legal on his part.
4. X is also bound by his NOC while making construction by Y so better to settle issued with him by paying him some extra money and making a compromise in the court.
5. This has already been replied that sons of O are not bound by any prior sale if any made made in favour of X on their behalf.
