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Mohamed (Civil Engineer)     11 January 2011

Pls Help me on my PLOT Dispute

 

Dear Sir,

Pls help me in this case; I will be thankful for you.

I purchased the Plot (Mar 2009) from GPA Holder and Person D is filed the case (April 2010) against me. And now case hearing is going on.

Property history is as follows:

(Late)    Person A = Property Owner

(Late)    Person B = Son of Person A

Person C = Son of Person B (Grant son of Person A)

Person D = Son of Person C

 

Person “A” is the Owner of the property, and he has written/made the WILL / UIEL as described below,

during preparing the WILL / UEIL, Person C”” is minor, So, Person” A” appoints Person “B” as a legal guardian and stated that Person “B” can utilize the property, however person”B” cannot sell the property to anyone. 

Also, when the person “C” got major status, person “B” has to handover the Property to Person “C”.

Then, The person “C” can to utilize the property and Person”C “has to provide the property to his heir use. Like that this property has to be used for upcoming heir(s).

In that WILL/ UIEl, the person “D” name was not mentioned any were.

Sale deed:

(Now the Person “C” is 55yrs Old, Person “D” is 30 yrs old)

Person “C” has appoint GPA to SOLD the property and the GPA applied & obtained the approval from authority for Plot layout and SOLD to 1 plot to me and other 40 plot to Public. During my purchase, I am not aware about this property history and fully believed the GPA and GPA’s partners.

Government formalities:

Upon completion of sale deed, I applied and obtained the Patta for my Plot on my name and I paid the vacant plot tax to municipality.

So now I am holding the Original Sale deed of my plot, Original patta of my Plot in my name, Original vacant plot tax receipt.

 

Case:

In April 2010, Person “D” issued the samman to me + to 40 public and to Person “C” through District Municipal court. Now hearing is going on. (I am the 14th Respondent). Person “C” & GPA are paying the case fees for me and other 40 public. (as written in my Sale deed)

 

Please advise me on below Question:

1.     If the case is favored to Person “D”, what will be my status? Who will pay my money? Who will pay the different of Plot market value? Is court will suggest Person “C” & GPA have pay to public?

2.       My side lawyer is not informing the proper case details, because the person “C” & GPA are paying his fees for 41 public, so I don’t know the demands of Person “D”.

 

3.       Is it advisable to build a House on my Plot? I am in hurry to have my own house.

 

4.       Can I sell my plot to third party (I will tell case details to third party)? If I sell my plot, court will ask me any question? Or court will relieve me?

 

5.       Can I File the criminal case against person “C” and GPA? They are the one SOLD to me.

6.       How long this case will go? How many court anyone can appeal?

 



Learning

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