Property land conflicts.
VIMAL RAJ K
(Querist) 02 March 2013
This query is : Resolved
1. One Mr. X has purchased a plot 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. One Mr. Y has purchased the above said land in 2002 from the original owner. and registered at sub registrar office.
5. Mr. Y has paid all the taxes till date with a possession of a 1 square house and with electricity bill in his name.
6. 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 till date 2013.)
Mr. X is objecting Mr. Y from constructing a house and filled a complain in police station regarding his ownership.
My question is
Does Mr. X has a rights on this property? Can someone help me in understanding the ownership of Mr. X and what can be done legally to resolve the issue with Mr. X so that Mr. Y can enjoy his possession without Mr. X's distrubance.
Thanking you,
ajay sethi
(Expert) 02 March 2013
MR y has to file suit for declarataion and for injunction restraining X from interfering with his posession .
the issue is as to who is the bonafide owner of property whether X or Y . since X has purchased property from GPA and the sale deed is duly registered it is necessary to go through the power of attorney to determine whether GPA had power to sell the property to X . if GPA is valid then X would be owner of said property .
the owner had no business to subseqnely sell same property to Y
VIMAL RAJ K
(Querist) 04 March 2013
Thanks for you reply.
A I said
1. Mr. Y has purchased the above said land in 2002 from the original owner. and registered at sub registrar office.
2. Mr. Y has paid all the taxes till date with a possession of a 1 square house and with electricity bill in his name.
3. 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 till date 2013.)
Some more to add on the above.
The original owner died 4 years back. And his father has declaired the property in the name of him and the four sons.
In Mr. Y's Registeration sale deed(2002)the original owner and the four sons have agreed and singed the Registeration papers.
In case of Mr. X's GPA registeration(1993) only the GPA holders have signed not the 4 sons.
My Question is:
How many years should Mr. Y have a possession to fight legally? (in this case its 12 years)
Does the above said the death of the original owner and for Mr. X the GPA registeration was not signed by the 4 sons matters?
Can you please guide me clearly no this angle?
Thanking you,
