Property

Querist : Anonymous (Querist) 26 October 2011 This query is : Resolved
i purchased the rights of a property in 1997 which was yet to be allotted to a person . the seller excuted ats, gpa and other papers in my favour , which were not registered .The seller also executed a registered Will in my favour . The seller got dishonest . I filed my objections with the dda . The dda allotted property to the seller in july 2003. the seller died in august 2003. his cousin brother( say "W" ) claiming to be his real brother got the mutation in his favour by submitting documents showing him the real brother of seller . thereafter the "W " sold the property to third party ( X ) . thereafter "X" further sold the property to Y and Y sold it to Z . Now the property is with "Z" . In august 2007 i asked for the documents of the concerned file from dda under RTI . DDA refused . I filed appeal with CIC . CIC allowed my appeal in june 2009 . Therafter also dda did not give documents to me . I filed a probate petition in court . As per my knowledge i submitted the names "W" and his children in trhe list of relations . The court issued notiuce and a public notice was also published in newspaper as required under law . The "W" thru his advocate made appearance in court and stated to file reply . thereafter in further hearing nobody appeared on behalf of "W" .The court proceeded Ex - Parte . Finally the probate order was issued in my favour by the court .

After great pursuasion dda gave me documents under RTI in september 2011. from the documents it was revealed that the "W' had furnished forged documents showing him as real brother of seller .

Whereas the fact is that the children( 2 brother 3 sister ) of real brother of the seller are alive and they were not aware of all these things . I approached the real LR's( say "RH" ) of seller . one brother and one sister have given the no objection to dda in regard to mutation in my favour. the other 4 "RH" are silent .

Now my querey :
1. does the probate order issued in my favour by court where "RH' were not shown in list of relations valid and binding upon the "RH" also .

2. Does The publication in the newspapers in the probate case tantamounts to the notice served on "RH" also .

3. How can i get back my property?

4. What are the shortest and easiest or proper legal remedies available with me .

REGARDS

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ajay sethi (Expert) 26 October 2011
1)how can any rights be given in respect of property when general power of attorney is not registered?

2)the GPA is in admissible in evidence .

3)the sale of property by x who was not the real brother of seller is illegal . simlarly sale by property by y to z .

4)since w has furnished false documents showing himself as brother of seller you will have to file criminal complaint against him for cheating etc

5)the probate order obtained by you does not mention the real legal heirs . any of the legal heirs can move court challenging the probate given in your favour .

6) you have a long legal battle ahead of you . you will have to settle with all legal heirs .

Querist : Anonymous (Querist) 26 October 2011
TO MR AYAY SETHI ,
SIR WHAT IF ALL THE LEGAL HEIRS ARE READY TO CO-OPERATE WITH ME . THEN WHAT FOOL PROOF LEGAL ACTION SHOULD BE TAKEN BY ME SO THAT THE PROPERTY IS MUTATED IN MY NAME . REGARDS

prabhakar singh (Expert) 26 October 2011
The author is seking answer from you Mr. Sethi!
Advise him.

Querist : Anonymous (Querist) 27 October 2011
WITH DUE REGARDS TO ALL LEGAL EXPERTS, SIR MY QUERY IS OPEN TO ALL LEGAL EXPERTS . KINDLY ADVISE ME . THANX

Property

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