BETTER TITLE IN CASE PROPERTY PAPERS ARE EXECUTED IN FAVOUR OF TWO PERSONS
(Querist) 05 May 2011
This query is : Resolved
Mrs. Raj executed the GPA in favour of Mr. X and will and receipt in favour of Mr. Y with two different sub registrar on same day. Mr. X created fake will and receipt and sold the property to Mr. Shyam. Mr. Shyam sold the property to Mrs. Lata. Mr. Y entered into a conditional agreement with Mr. A that he is taking a loan from Mr. A and in case he is not able to return the money he will execute proper papers in favour of Mr. A. He further agreed to give possession of the unauthorised extended portion of the same DDA rooftop flat. The agreement is not registered and is notary based only. Mr. Y neither returned the money nor executed papers in any paper in favour of Mr. A. AFter some years Mr. A renamed the property(unauthorised extended structure) as an individual DDA flat and executed Agreement to Sell and GPA in favour of Mr. B. Mr. B further sold the same extended portion renamed to Mr. C. Mrs. Lata filed a case against Mr. C for making illegal papers for non existant property and asked for cancellation of C's property papers and possession of the extended rooftop structure on the basis of the whole chain of documents. Now C produced in the court a copy of registered will and receipt and challenged the title of Lata. What shall Lata do? What will be the Magistrate's Decision? Will the case be dismissed or it can be continued? What remedial actions are available with both C and Lata? Who is having a better title over the extended structure? How can Lata take over the extended structure? The property mentioned is a DDA flat and the rooftop unauthorised construction is with C at the moment. Please advise urgently. With all regards.
The whole story does not provide dates of individual transactions, which can be the crucial deciding factors to recognise the real owner.
Still further, how the possession of the extended could become possible to be handed over to the third party without coming in to the knowledge of X, Shyam and lata, who might have taken physical possession of the flat on purchase by each?
M V Gupta
(Expert) 07 May 2011
The narrration lacks clarity on the facts and events. The querist should properly set out facts clearly.