OWNERSHIP BASED ON INCOMPLETE PAPERS
rajesh makol
(Querist) 15 May 2011
This query is : Open
Please study the following case and suggest:
DDA alloted a rooftop Janta flat 123-C to Mrs. Raj Rani in 1988.
In 1989 Raj Rani sold the DDA flat to Surinder Arora via a GPA registered in Noida and executed the will and receipt in favour of Mr. Charanjit singh Sharma on the same date.
Surinder Arora was in possession of flat and build unauthorised construction 3 room set on the roof of the said DDA Flat.
Due to dispute between Surinder Arora and Charanjit Singh, Charanjit Singh mortgaged the unauthorised construction to Mr. Sushil Arora for Rs. 2 lac and gave possession of unauthorised floor in 1999 via Notary attested conditional agreement which said that in case he is not able to return the amount he will execute proper sale deed in favour of Sushil Arora. Surinder Arora sold the said flat on the basis of GPA to Rakesh Malhotra in 2000.
In 2008 Rakesh Malhotra created forged will and receipt of Raj Rani to Surinder Arora to complete the chain of documents and sold the flat to Lalita on the basis of GPA will and receipt.
In March 2010 Sushil Arora who didn't get the mortgaged amount executed GPA and will and receipt for the unauthorised construction by renaming it as 123-D (which does not exist in Govt. records) and sold the same to Rita Kumari. Rita Kumari resold the same to Sudha SAchdeva via registered GPA and receipt.
Lalita is in possession of 123-C and Sudha SAchdeva is in possession of 123-D.
Dispute between Lalita and Sudha arose and Lalita filed a civil suit for cancellation of papers and depossession of extended structure on the basis of GPA, Will and REceipt. In reply Sudha Sachdeva challenged the will and receipt producing the will and receipt executed by Raj Rani in favour of Charanjit Singh.
What shall both of them do now?
Can the case filed by Lalita be dismissed just because the will in receipt filed by her are not genuine?
What are the options available with Lalita?
What is the most probable outcome of the case?
Please reply. It is extremely urgent.
Thanks for all the help previously extended .
