SEEKING LEGAL ADVICE
GSGSINGHGSG
(Querist) 26 October 2009
This query is : Resolved
Thanks & Regards
adv. rajeev ( rajoo )
(Expert) 26 October 2009
It is very strange case. It is wonder to know that only cash receipt is registered what is this I cannot understand.
When plot is purchased by chander from hemchandra there is should be regd., sale deed.
Jagsingh is also purchase of the property what's about his sale deed. he has purchased the property from chander, who was not having right or tittle over the property.
PA is not sufficient to prove the sale.
Will is in the name of yeshwant naturally he is the tittle holder of the property, he has got every right on the property.
If there is sale deed in the name of chander and mr.singh then only they can claim the tittle, otherwise Mr. Singh will be under trouble.
If he files a suit for declaration against the Yeshwant without the proof of sale deed he will not succeed.
GSGSINGHGSG
(Querist) 26 October 2009
Thank you very much Sir.
Raj Kumar Makkad
(Expert) 26 October 2009
As the Chander was owenr of the plot of 500 Sq. yards at the time of his death, he could have made its will in the name of Yashwant and after his death the aforesaid plot could not have been transferred in the name of Yashwant. In revenue record, the owner of the property was Hem Chand so Chander can not make its will even though he had purchased it by way of GPA which is valid only upto the life time of a person (if not revoked earlier. Though no law recognise sale through GPA hence the sale by Hem Chand in favour of Chander and similarly in favour of Jag Singh. When Chander is legally not owner of the property then no question arises revenue entry favouring Yashwant. It is better if revenue record is challenged by Jag Singh qua the will and its execution in favour of Yashwant and possession of Jag Singh is preserved by way of injunction suit. In lal Dora possession has an important role and it is better to seek stay order against forceful eviction. Only one case is sufficient in the matter. Challenge of will and stay order against Yashwant.
GSGSINGHGSG
(Querist) 27 October 2009
Sir, Thank you very much for the guidance. Now, what should Mr. Jag Singh do. Should he file a suit mentioning all the facts of the case or live as it is in the plot like for many years. The doubt is that he does not have the first papers when Chander bought the plot from Hem Chand. Chander has also denied that the papers are not with him and lost somewhere. Jag Singh is having only the Power of Attorney signed by Chander and Jag Singh with two witnesses attested by notary public on rs.10/- Stamp Paper.
Please guide.
Thanks
