Property Dispute
PADMANABHAM R
(Querist) 29 January 2011
This query is : Open
Hello Sirs,
My name is Babu.
We purchased a property in the year 2003 15x54 feet in Bangalore under registered sale deed from the vendor. While we purchasing the property the owner had requested us to permit her sister to live in a small portion of 10x10 feet room for 1 year because she is poor.
We permitted her to stay in that room with out any written agreement becuase she born and broutup in the same house. she accepted to vacate the permises when we require.
Now we are prepared to built a house in the schedule premises. She had gone to the police station
and given a complaint against us that she is the owner of the premises under a GPA from the vendor
she also filled a case in the civil court and obtained temporary injunction against us.
Through detailed study of the matter we came to know the following facts:
The mother deed of the property belongs to one Mrs. Bibijan site measuing 30x54 feet
in the the year 1976 she sold the half of the portion is 15x54 feet to one Mr. Eshwar Rao
remaining portion of 15x54 is sold after 4 months to one Mr. Subramaniam.
Mr. Eshwar took the posession of the property and built house in the said premises without any
dispute.
The other portion owner of Mr. Subramaniam had not taken the posession of the premises nor changed the Katha in the municipal records he does't have any thing in his name like KATHA Certificate,
Water, Electricty Connection even Voter ID.
He died in the year 1999 now his son Mr. Venkatesh got the rights of the property but unfortunately he is also not obtained anything in his name and not taken pocession of the premises.
In this situation Smt. Bibijan (the mother deed holder) gifted the property to her Daughter-in-law Smt. Moti Begum under registered gift deed.
In 2003 Mrs. Moti Begaum (Giftdeed Holder) had sold the property to us by vitue of registered sale deed.
Now the issue is Mrs. M. Begaum ( Now living in one room) had showing the fake documents stating that
she had purchased the property from Mr.Venkatesh under a GPA and sale consideration in the year 1998
but the documents had not been registered since 1998 to till date and she has not changed the municipal records in her name meanwhile the original owner of Mr. Venkatesh had submitted a memo to the court that he had not given any GPA to Mrs. M. Begaum.
After this she putted a specific performace case against Mr. venkatesh the case is under process.
Mr. Venkatesh is not against us and he had not complained to any one like police,municipality,court etc.
Please let me know how can we get the property We are still in the same premises exept one room.
