Bonafide purchasers right
Amarnath V Gaonkar
(Querist) 02 March 2019
This query is : Resolved
I had purchased a agricultural property in 2010 after verifying the title of the property (the property records including the mutation records of the vendor and the registered sale deed of my Vendor), since then the property is registered in my name in all govt records such as property card and mutation entries. Now some people clamming to be the legal heirs of the original owner from whom my vendor had purchased the property in 2004 have filed a case in the civil court contending that the sale deed of my vendor dated 2004 should be declared null and void as they claim that the sale deed was executed by the power of attorney holder of their father and when my vendor purchased the property in 2004 their father had expired six month prior to the execution of the said sale deed.. I dont know how to go about it as i did not know these facts before and was probably kept in dark by my vendor... Now my vendor also died as a bachelor and don't have any legal heirs left behind him.. Do i have a chance to protect my title??? please advice and help
Thankyou
Dr J C Vashista
(Expert) 03 March 2019
You have complete and valid transaction executed/ registered document of "Sale Deed" in your favour, as stated by you.
Moreover, transfer of title has already been recorded in revenue/municipal record in the year 2010,
On the basis of above information, now the suit of declaration is barred by limitation. Contest the suit through a local prudent lawyer.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) at:
Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com Cell # 9891152939
Suhail suhail
(Expert) 03 March 2019
The problem is that sale deed is signed by an attorney holder and he has signed the document six months after the death of his principal.
The POA automatically expires upon the death of principal,the other problem with your case is that the Attorney Holder is also dead.
You can contest the case as it may take years or you can amicably solve the issue with the legal heirs of original owner.
You should check with the heirs of attorney holder whether he had any other document like agreement to sell, or cash receipts for payment against the land which would show that there was a sale transaction between the principal and the attorney holder,need to do some efforts
Amarnath V Gaonkar
(Querist) 03 March 2019
Thanks for the reply and opinion sir, but would appreciate if anyone can give or refer a case study or judgement details on similar case anywhere in india
KISHAN DUTT KALASKAR
(Expert) 04 March 2019
Dear Sir,
You may approach local lawyer who will plan for your defence as the otherside kept mum for all these long years. The Supreme Court says if a litigant sleeps over his legitimate rights then Courts need not give any relief to such party. In this case the documents are available online or otherwise being public documents have excess by aggrieved parties..
Please mark “LIKE” if satisfied by my answer.
