Ownership dispute!
Querist :
Anonymous
(Querist) 08 September 2011
This query is : Resolved
Dear Experts Sirs,
Mr. 'A' brought a land ( Plot)through a GPA,in the year 1995.And this plot has changed hands through 4/5 persons, (through sale/registered )documents. Presently i am in possession of this plot with a structure in the said plot.
Now the issue is the family member of Original land owner approached the civil court with a plea that the GPA, through which 1st sale is done is a forged one( On verification it seems to be TRUE.)Most probably he may win the case.
Under these circumstances what i should do, to save my property, which i brought from a person ( after seeing his documents)through a sale/Registered deed.( This pertains to State of AP)
Please Sirs, show me way out to this problem. As problem is very serious one, KINDLY reply me at the earliest, the positive solution / steps to be taken.
Please Experts
adv. rajeev ( rajoo )
(Expert) 08 September 2011
Take the defense of bonafide purchaser. After how many years suit is filed by the family member of the original owner?
Querist :
Anonymous
(Querist) 08 September 2011
Sir,
The case is filed in the year 2011,i.e. after 16 years!
Thank you very much for the quick reply.
Advocate M.Bhadra
(Expert) 08 September 2011
You should first try to get an order of Injunction from a civil court by showing your registered original Title Deed.Then lodge a diary against the seller from you have purchased and file a criminal case against the seller and hold the possession.
Raj Kumar Makkad
(Expert) 08 September 2011
Case is already in court and possession is with you.
A purchaser is expected to be vigilant on all counts. As the property has transferred from 4-5 hands and thereafter you purchased it by due verification of all relevant record, so a plea of bonafide purchase is a fittest plea in the ongoing case. Law of limitation also tilts in your favour. If construction was raised by you with due permission of all relevant authorities then also it shall minimise the chances of the plaintiffs to revert the watch back to 16 years wherein they kept on sleeping.
prabhakar singh
(Expert) 09 September 2011
SO You are in possession WITH STRUCTURES on the basis of a sale deed from 16 years which was executed in your favor by a POA which now its principal claims to be forged by a civil suit and on verification you too doubt it to be forged hence you seek our opinion.
IF more than 12 years have passed before the suit to your possession then in addition to all pleas that might be taken viewing allegations made in plaint ,never fail to take the plea of adverse possession ,that is the only plea which will keep your boat sailed in case POA stands forged.
Guest
(Expert) 09 September 2011
denying the title of the original owner will not help in proving adverse possession. make sure that the plaint is drafted after complying all the averments and defences of opposite party
