Transfer of Property Act
S RAJAKUMAR
(Querist) 22 September 2010
This query is : Resolved
My client has purchased a property in 1994 from the vendor as self and power of attorney holder for other owner. In the year 2002, the same property was settled by the vendor to her son. In 2007, Son and other vendor given power to a third party to sale the property. The POA sold the property to second purchaser. My client filed a suit in the city civil court against the second purchaser. As a out of court settlement my client and the second purchaser sold the property to the subsequent purchaser. Now my query is 1)whether the above trassaction is valid or not? 2) Whether the Son can file a suit for damages on the POA and make all the other people as defenants in the suit? 3) Whether the son got any claim over the title of the property.
adv. rajeev ( rajoo )
(Expert) 22 September 2010
First of all settlement with the son by the vendor after selling the property to you client in the year 1994.
Chanchal Nag Chowdhury
(Expert) 22 September 2010
It is a clear case of cheating.However, your client seems to have waived his right & has acqueased in it.
Raj Kumar Makkad
(Expert) 22 September 2010
You cleint should immediately file a FIR against the his vendor, his son, subsequent purchasers and all persons identifying and attesting witnesses under section 420/467/468/471/120B IPC and should simultaneously file a civil suit for declaration seeking setting aside all subsequent settlements, sale-deeds etc. and in the same suit file an application for injunction against your eviction from the house on the basis of all illegal sale-deeds/settlements etc. as defined by you in your query.
Sri Vijayan.A
(Expert) 04 October 2010
the sale by your client and teh second purchaser is valid
The son the vendor does not have any right to interfere.
To avoid his interruption go by the advise of Sri.Makkad
