GSGSINGHGSG (SERVICE) 24 July 2009

SEEKING LEGAL ADVICE ON PROPERTY MATTER

Dear Sirs/Madam,

I am seeking legal advise on the matter explained in the attached file.

I shall be very thankful for the valuable guidance.

Thanks & Regards

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2 Replies

GSGSINGHGSG (SERVICE) 24 July 2009

Dear Sirs/Madam,

I have a query as per following:-

Matter of Village of Najafgarh District (Extended Lal Dora), New Delhi-110043

1. In October 1987, Mr. A purchaesd a Residential Plot of 500 Sq. Yards from Mr. B (Uncle of Mr. A) and paid Cash on Power of Attorney basis. The Cash receipt was registered in in Sub Registrar Office, Kashmiri Gate, New Delhi. But Mr. A did not get the Plot transferred (Mutation) in Revenue Records.

2. In October 1991, Mr. C (Brother of Mr. A) purchase 1/2 of the above plot from Mr. A on power of Attorney basis (Not a Registered POA) with two Witnesses and paid Cash Rs.60,000/- but did not take the first Power of Attorney papers from Mr. A.

3. In October 1994, When Mr. B was about to Die, he made a Will for his agricultural land in the name of his four Daughters. Also it was mentioned in the will that the above said plot of 500 Sq. Yds. be given to one of the son of his daughter Mr. D. The will was registered in the Court as well as the said plot was transferred in the revenue records in the name of his relative Mr. D.

4. In May 1996, the balance 1/2 of the abovesaid plot of 250 Sq. yds. was also purchased by Mr. C (Brother of Mr. A) from Mr. A and paid cash Rs.60000/- on Power of Attorney basis (Not a Registerd POA) with Two witnesses. But did not take the very first papers of plot purchase from Mr. A.

Now, the situation is that Mr. C is living in the plot since he purchased it from Mr. A i.e. from October 1991 and May 1996. Now Mr. D is sending messages that as the plot is in his name in revenue records and he is the owner of the plot whereas the plot was already sold in 1987 and the will was made in 1994 as well as the plot was transferred in revenue records in the name of Mr. D in 1996-97.

As the real owner as on date is Mr. C who is living the plot for so many years. What should he do in this situation as Mr. C is having only the papers (Power of Attorney) when he purchased the plot in 2 parts from his brother Mr. A. And, now even after many requests Mr. A is not giving the first Power of Attorney of 1987 to Mr. C.

I shall be very thankful for your valuable suggestion.

Seeking the Legal advise of the Experts.

Thanks & Regards

gulab.singh1973@gmail.com