Summons related to a bought land
Jyothiswaroop
(Querist) 23 August 2012
This query is : Resolved
I bought a land in Bangalore in Oct 2010. I bought this land from the second owner. The second owner had bought it from the original owner in Jan 2009. I have the sale deed in my name as well as the Khata. I have also paid the property taxes diligently.
Now the original owner has sent summons.
I wanted to know whether the original owner has any say in the land transaction I did with the second owner and whether she can bring any stay order on the property now.
Devajyoti Barman
(Expert) 23 August 2012
Without knowing details of the case it is difficult to advise on it.
The original owner, it appears. may have challenged the sale on the ground of force, fraud etc.
Yogesh Anand
(Expert) 23 August 2012
Summons of which case? What are the allegations against you in the summons or pleadings sent with the summons? What is the relief claimed against you?
Jyothiswaroop
(Querist) 03 September 2012
The original owner has challenged on the ground of fraud. The original owner had given GPA to a person (defendant 2), who executed the sale deed for the sale to the 2nd owner in Jan 2009. The original owner had handed over all the property documents to defendant 2. She is claiming that GPA holder tricked her because she was taking a loan from the GPA holder.
The land was sold to us, the third owner, in Oct 2010. She has sent summons to us as well claiming that the sale is void and she is still the owner. We have paid the property tax for this land from the last 2 years already.
ajay sethi
(Expert) 03 September 2012
is GPA regd? is the original owner illterate?
if original owner had executed and regd power of attorney in favour of holder and aware of the contents of POA it would be diffcult for her to contend that it was a fraudelent document .i presume payment was made by cheque . contact a local lawyer
Jyothiswaroop
(Querist) 03 September 2012
The GPA was registered at a Notary (advocate). The owner is not illiterate. In fact she is an employee of RBI at a senior position. All payments have been made by cheque.
The original owner is claiming that even though she signed the GPA, she signed in a hurry, since she was rushing for work and was in dire need of money, which she was borrowing from the GPA holder. She has also mentioned in the memorandum filed, that she handed over all the property documents as a security for the money she borrowed.
We are in contact with local lawyers, but I also wanted to get experts opinions on this forum. I really appreciate your feedback and advise.
