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Ade Anthem   14 August 2023

property dispute

We have been living in since1991 in a property. It was disputed property and my father was fighting the case on behalf of the defendant. But during this time defendant gave power of attorney to my father and father also paid half the amount according to the agreement of sale deed to buy that property from her. After a few years, my father was willing to pay the rest amount and told them for registration of the property but totally ignored my father. And during that time defendant never paid a single amount of money for the case and never contacted my father after getting possession of the property by us.
In this way days are gone, we have possessed the property for more than 30 years. Five years back, the real defendant passed away. Now his daughter claims on that property and wants to record his name over the property.
My questions are as follows
1) What is the legal system we can defend that property?
2) if property was already recorded in my father's name, can they amend it?
3) Can we file an adverse possession suit to gain title to the property?
4) any other ground to defend ourselves.

Please suggest.


Learning

 3 Replies

Dr. J C Vashista (Advocate )     14 August 2023

Question-wise answer is as under:

Q  1) What is the legal system we can defend that property?

Ans: Contact, consult and engage a local prudent lawyer to defend you.

Q 2) if property was already recorded in my father's name, can they amend it?

Ans: Your question is based on assumption as it starts with the word, "if", which do not have any room in law. It is better to show the documents to youi lawyer under which you are claiming the property transferred in the name of your father for proper opinion, advise and proceeding, 

Q 3) Can we file an adverse possession suit to gain title to the property?

Ans: if LRs of titleholders have not filed any case, you could have claimed title on "adverse possession"

Q 4) any other ground to defend ourselves.

Ans : No specific but a debatable question, which can be considered after perusal of case file..

 

T. Kalaiselvan, Advocate (Advocate)     14 August 2023

The property never belonged to you.

If there was any agreement for sale, your father never took any steps to get the sale deed executed in his favour.

The power of attorney deed was for court purpose alone.

However based on the long possession, you can file a suit for declaration to declare your title perfecting law of adverse possession.

Real Soul.... (LEGAL)     14 August 2023

You have two strong points one that you are in possession from last thirty years - you can declaration suit for adverse possession.; but more than  that is agreement to sell if that is signed by both parties and the receipt of money is also there then you can file suit for specific performance against the Legal heirs of deceased and give them the balance amount for registering the deed. File suit for declaration and claim the property


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