kalyani choudhury
10 February 2009 at 19:34
My father died without leaving a will. my elder brother & I - part owners of the property sold our shares to a builder for a consideration. 5 years after my fathers death and after we sold our shares my younger brother produced a will said to have been made by our father willing all his property to my mother the will was dated 15 years prior to his death. He also got a will from my mother willing the entire property to him to the exclusion of all of us. The builder has SPoAs & GPOAs our Will favouring him from me & my brother for the said property. The builder using our POAs filed a partition suit to get our share & our younger brother gave my fathers will for t probate. The cases are pending in court.The builder has included a mutation clause in the Agreement to Sell- that we must get our share mutated in his name withour a time frame. In this case what are our liabilities? Can the builder get back to us ?kalyani
advocate satya
10 February 2009 at 14:47
hi
one person given an power of attorney to another, after some time he revoked the same, the person in whose name the power of attorney was given is not vacating the property and cut the power and water line of the first floor where the original owner of the property is residing.
please suggest the remedy for the actual owner
thanks
Samir Naik
10 February 2009 at 12:46
I owned a house property which was under dispute of unfair partition of the same. However I sold the property alongwith the suit to a Developer who bought the said property alongwith the Suit and made a Indemnity Agreement between us thereby indemnifying me for any loss / claim / cost that may arise from the said legal suit or any further appeals made on the same suit. Accordingly I executed a Power of Attorney empowering him to attend all the legal matters including this suit and perform such acts as it could have been done by me as a owner of this property.
Now I understand the court has appointed a mediator to resolve this suit as it is felt by the respected Judge that this being a family dispute could be sorted / solved by mutual understanding between the parties of the Suit. As such since I have an indemnity agreement executed for this suit to cover up any claims / cost that shall arise from this suit, do I still have any liability from such suit. The property at the time of sale had no stay order whereby I was refrained from selling / developing the same. As such since the suit is particularly in the property share and I have sold such disputed property to a developer / builder.
Please advice.
Kind regards,
Samir
ram
09 February 2009 at 15:35
Respected Sir
what points taken in to consideration while purchased un regd will property. with best of my knowledge the un regd will is also legally valied. Pl give property suggession thank Q
ramesh
07 February 2009 at 17:59
which mode is better to transfer some property (for both self aquired and ancestary) from father to son or daughter.
and how much cost shall we incur for such transfer?
kotaruraghu
07 February 2009 at 12:39
sir,
my grandfather given a shop to rent for Rs.400/month since 20 years without any written agreement now the shop owner's son is maintaining the shop and he was not paying the rent of Rs.400/- since two years.what to do?requesting you to give your valuable advice.
raghukotaru.
Anonymous
07 February 2009 at 01:37
we purchased 2 properties in 1979 . In registration of documents ,attached documents were ,<1>permission for sale of properties from land ceiling dept,<2> incometax dept. permission for sale of properties,,<3>map of property.The registration was done by the power of attorney holder,whose power of attorney copy was not required to be attached in Registry that time.It was Registrar who use to confirm the authority of P.A holder .Out of two properties one was of small factory shed with open plot,for it, we got our name transferred in Land Revenue Records in 1985,but other property was a Residental building,in which we are staying since then,got our name transferred in Muncipal Dept,Electricity Dept but not transferred in land Revenue Records.
Now our problem is that we lost a registry and with it original copy of power of Attorney holder in 2005,for which we gave advertisement in newspaper and filed a report at police station for lost.,after getting knowledge of lost of Power of attorney by us,seller started trying to sale the property ,they also got benefit of their name in land revenue records.They also got benefit of demise of P.A.Holder.Now they are refusing the Registries ,according to them they shifted to Jodhpur in time of registry and still stay there,although there brothers etc live very near to us and they are only trying to dispose the property to some land mafia.They also got removed our name from Land Revenue Record of the first plot,by illlegal manner,without getting cancel our order of name transfer in Land revenue record done by us in yr.1985. Now the whole property is in their name in Land Revenue records.
We have other documents such as-1>Seller own original registries which was got done by them in 1965-66 and which was given by them at time of regestries of properties.
2>original map and other documents of the properties of seller ,got issued by them in 1967 by muncipal dept for construction of residential building.
We are in totally possession of both the properties.
We submitted our both registries copy in a case in civil court
against their Relatives who stay here in year 2003-04.
I want to know what is the time limit to challenge a Registerd Documents.,even when they do not have possession actually,they dont have their own registries,which is also with us .
Our name is in land Revenue Record of one plot as per our original Records,truely certified by authorities.
What best I can do,we have filled Title deed Suit and filed App.for granting Status Quo so that land mafias cannot take forcefully posessions from us.
In court they first not accepted all the notices served to them in their Jodhpur and Local address ,later on court published a advertisement in newspaper at Jodhpur,then also they not appeared in court and became Ex-parte and appeared at the time of judgement and became party and now they gave a power to their Local Relative of only one property,and Power Attorney holder of them is challenging whole property-both and pleading that they never issued any power in 1979 for selling the property to anyone .For Residential property where we are staying for about 30 yrs they are saying that they gave us to leave in the building on oral licence to stay in building due to their uncle relation with us and now they are revoking the oral licence to stay<mokhik rahavasi license> and for second property they are saying in court that it is in their possession,where as we submitted atleast 45 documents in relation to both the properties ,including various police
reports,FIR against unknown peoples who use to come in our property for making it empty and done serious injuries to our security guards staying in the property.We filed several complaints against them and seller for our and guards safety who are in the factory with open plot.
I also want to know about the power of attorney given to their relative by seller now to fight in our case-that can they now change th
Anonymous
07 February 2009 at 01:36
we purchased 2 properties in 1979 . In registration of documents ,attached documents were ,<1>permission for sale of properties from land ceiling dept,<2> incometax dept. permission for sale of properties,,<3>map of property.The registration was done by the power of attorney holder,whose power of attorney copy was not required to be attached in Registry that time.It was Registrar who use to confirm the authority of P.A holder .Out of two properties one was of small factory shed with open plot,for it, we got our name transferred in Land Revenue Records in 1985,but other property was a Residental building,in which we are staying since then,got our name transferred in Muncipal Dept,Electricity Dept but not transferred in land Revenue Records.
Now our problem is that we lost a registry and with it original copy of power of Attorney holder in 2005,for which we gave advertisement in newspaper and filed a report at police station for lost.,after getting knowledge of lost of Power of attorney by us,seller started trying to sale the property ,they also got benefit of their name in land revenue records.They also got benefit of demise of P.A.Holder.Now they are refusing the Registries ,according to them they shifted to Jodhpur in time of registry and still stay there,although there brothers etc live very near to us and they are only trying to dispose the property to some land mafia.They also got removed our name from Land Revenue Record of the first plot,by illlegal manner,without getting cancel our order of name transfer in Land revenue record done by us in yr.1985. Now the whole property is in their name in Land Revenue records.
We have other documents such as-1>Seller own original registries which was got done by them in 1965-66 and which was given by them at time of regestries of properties.
2>original map and other documents of the properties of seller ,got issued by them in 1967 by muncipal dept for construction of residential building.
We are in totally possession of both the properties.
We submitted our both registries copy in a case in civil court
against their Relatives who stay here in year 2003-04.
I want to know what is the time limit to challenge a Registerd Documents.,even when they do not have possession actually,they dont have their own registries,which is also with us .
Our name is in land Revenue Record of one plot as per our original Records,truely certified by authorities.
What best I can do,we have filled Title deed Suit and filed App.for granting Status Quo so that land mafias cannot take forcefully posessions from us.
In court they first not accepted all the notices served to them in their Jodhpur and Local address ,later on court published a advertisement in newspaper at Jodhpur,then also they not appeared in court and became Ex-parte and appeared at the time of judgement and became party and now they gave a power to their Local Relative of only one property,and Power Attorney holder of them is challenging whole property-both and pleading that they never issued any power in 1979 for selling the property to anyone .For Residential property where we are staying for about 30 yrs they are saying that they gave us to leave in the building on oral licence to stay in building due to their uncle relation with us and now they are revoking the oral licence to stay<mokhik rahavasi license> and for second property they are saying in court that it is in their possession,where as we submitted atleast 45 documents in relation to both the properties ,including various police
reports,FIR against unknown peoples who use to come in our property for making it empty and done serious injuries to our security guards staying in the property.We filed several complaints against them and seller for our and guards safety who are in the factory with open plot.
I also want to know about the power of attorney given to their relative by seller now to fight in our case-that can they now change th
Anonymous
07 February 2009 at 01:36
we purchased 2 properties in 1979 . In registration of documents ,attached documents were ,<1>permission for sale of properties from land ceiling dept,<2> incometax dept. permission for sale of properties,,<3>map of property.The registration was done by the power of attorney holder,whose power of attorney copy was not required to be attached in Registry that time.It was Registrar who use to confirm the authority of P.A holder .Out of two properties one was of small factory shed with open plot,for it, we got our name transferred in Land Revenue Records in 1985,but other property was a Residental building,in which we are staying since then,got our name transferred in Muncipal Dept,Electricity Dept but not transferred in land Revenue Records.
Now our problem is that we lost a registry and with it original copy of power of Attorney holder in 2005,for which we gave advertisement in newspaper and filed a report at police station for lost.,after getting knowledge of lost of Power of attorney by us,seller started trying to sale the property ,they also got benefit of their name in land revenue records.They also got benefit of demise of P.A.Holder.Now they are refusing the Registries ,according to them they shifted to Jodhpur in time of registry and still stay there,although there brothers etc live very near to us and they are only trying to dispose the property to some land mafia.They also got removed our name from Land Revenue Record of the first plot,by illlegal manner,without getting cancel our order of name transfer in Land revenue record done by us in yr.1985. Now the whole property is in their name in Land Revenue records.
We have other documents such as-1>Seller own original registries which was got done by them in 1965-66 and which was given by them at time of regestries of properties.
2>original map and other documents of the properties of seller ,got issued by them in 1967 by muncipal dept for construction of residential building.
We are in totally possession of both the properties.
We submitted our both registries copy in a case in civil court
against their Relatives who stay here in year 2003-04.
I want to know what is the time limit to challenge a Registerd Documents.,even when they do not have possession actually,they dont have their own registries,which is also with us .
Our name is in land Revenue Record of one plot as per our original Records,truely certified by authorities.
What best I can do,we have filled Title deed Suit and filed App.for granting Status Quo so that land mafias cannot take forcefully posessions from us.
In court they first not accepted all the notices served to them in their Jodhpur and Local address ,later on court published a advertisement in newspaper at Jodhpur,then also they not appeared in court and became Ex-parte and appeared at the time of judgement and became party and now they gave a power to their Local Relative of only one property,and Power Attorney holder of them is challenging whole property-both and pleading that they never issued any power in 1979 for selling the property to anyone .For Residential property where we are staying for about 30 yrs they are saying that they gave us to leave in the building on oral licence to stay in building due to their uncle relation with us and now they are revoking the oral licence to stay<mokhik rahavasi license> and for second property they are saying in court that it is in their possession,where as we submitted atleast 45 documents in relation to both the properties ,including various police
reports,FIR against unknown peoples who use to come in our property for making it empty and done serious injuries to our security guards staying in the property.We filed several complaints against them and seller for our and guards safety who are in the factory with open plot.
I also want to know about the power of attorney given to their relative by seller now to fight in our case-that can they now change th
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Dauthers Right in Father's property
We are four children for our parents in that two sons and two daughters. My name is Bhanuprakash, younger to all. My two sisters got married by selling the mothers part of property. My father owns a house. Now my parents are living and given permission to do manufacturing work of my brother in that house.At present my brother is not taking care of my parents and demanding his property share. I am living so far to my parents living place due to job opportunity. My parents are planning to sell our house. But my sisters are demanding their share immediately to agree for house sale. They are also not taking care about our parents. Is there any law relating to demand parents property without taking care about their maintenance and health problems? I am ready to take care out of my budget with my family, but others are objecting to leave our parents from the house wihtout property settlement. But they are suffuring without care of children and others.