Property in possestion of some other person

amit (Querist) 21 September 2013 This query is : Resolved
the property is in possession with a person
the property belong to my father
they have a sale deed on temporary plane white paper. with a stamp of 100 rs . the transfer value of the property according to deed is rs 50 thousand dated 1995. and the property is in Chandigarh . the registry of the property is in name of my father who died
in 2006. which i feel that the deed was made by force and coercion . is there any way to get the possession back . there are also two witness in the deed

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ajay sethi (Expert) 21 September 2013
it is necessarty to go through the agreement executed by your father to advise . if said document is not properly stamped and regd it is in admissible in evidence . contact a local lawyer

amit (Querist) 21 September 2013
sir i dont think it is properly stamped and registered.i can show you the copy . if it gives you more clarification

ajay sethi (Expert) 21 September 2013
file suit for eviction against person in possession of the property . you have to contact a local lawyer with the papers in chandigarh

Rajendra K Goyal (Expert) 21 September 2013
Agree with the expert, contact a local lawyer for consultation after showing him all the documents.

amit (Querist) 21 September 2013
thank you sir.

V R SHROFF (Expert) 21 September 2013
ALMOST 20 YEARS ARE OVER.

YOUR FATHER WAS ALIVE FOR ANOTHER 10 YEARS AND HAD NOT TAKEN ANY STEP, MEANS NO FORCE.

YOU ARE STUDENT NOW, and do not have any idea of transactions.
Rs. 100/- stamp was issued.

So it may only be ur imagination.
Possession with purchaser!!
No chance to get anything..

ajay sethi (Expert) 21 September 2013
thanks for your appreciation

amit (Querist) 21 September 2013
sir the deed is 18 years old

amit (Querist) 21 September 2013
MR SHROFF DO YOU MAEN THAT IT IS VALID UPTO 20 YEARS

V R SHROFF (Expert) 21 September 2013
Negligence OVER 12 YEARS NOT TOLERABLE. [till 2007 over]
Court helps those, who are careful and vigilant. YOU OVERSLEPT.

For justice, one must be awake, and take immediate action. In any case, you may try, but chances are rare.

The opp party is in use and possession of Land in presence of your father too.

suit for eviction against person in possession of the property is not easy. It will take years, even if you prove the Documents are forged.

AS FAR AS YOUR QUERY, BEING A STUDENT , IF OF ACADEMIC IN NATURE, IT'S VIEW POINT IS A DIFFERENT , it is theoretical. .

In practice, your case is a gone case.
In reality, one have to spend million, wait for dozens of year,have multiple litigations, and get tired with nothing to get in hand.
Anyway, try your Luck
If you get STAY ORDER,
Opposite party may come to you for compromise / settlement, and pay you.

amit (Querist) 21 September 2013
THANK YOU SHROFF SIR GREAT ADVICE. I ALSO THINKS THE SAME . AND THAT IS EXACTLY WHAT I WANT TO HEAR FROM YOU THAT THEY ULTIMATELY HAD TO COME FOR SETTLEMENT . THAT IS LEAST I CAN GET OUT OF THIS .