Civil Procedure Code (CPC)

civil matter help

This query is : Resolved 
 


Querist : Anonymous (Querist)
15 February 2009

can a seller who sold a property before 30 yrs through POA Holder and after 30 yrs when we are not having his power of attorney in our possession ,can say in civil court,where we filed case of titledeed suit against them,that they gave the property for staying in the building through license by word,hindi word is-"mokhikh rahawasi license " and to which they are revoking.
Do there these pleading will hold ground in court,as we have submitted atleast 40 documents in court for proving our title,including the seller own original purchase deed,our posession since of 30 yrs as owner etc.


Sushil Kumar Bhatia (Expert)
15 February 2009

The power of atorney holder has/had an authority to occupy the property which is subject matter in instrument and and he was authorized only to occupy the property as a licencee he is not entitled of any title in the property in dispute,however,you are not clear in your query please give full details of your dispute

AEJAZ AHMEDOnline (Expert)
16 February 2009

Mr. Snjay,

Here your question is in itself contradicts, at the one stage you are saying that you purchased the property 30 years back and at the other stage saying that, you filed a case of title deed suit.

Do one thing, what you asked earlier in detail, on 8-02-2009, correctly type the same question again here, but in correct formate, so that we can understand your dispute very clearly.

K.C.Suresh (Expert)
16 February 2009

Make it clear as suggested by my learned friends.

M. PIRAVI PERUMAL (Expert)
16 February 2009

Mr. Sanjay, Plz place your queries in better perspective for providing suitable clarifications/opinions.

RAKHI BUDHIRAJA ADVOCATEOnline (Expert)
16 February 2009

Ur querry should be clear 4 opinion.

Abhishek (Expert)
17 February 2009

some more specificationz plzz...


Querist : Anonymous (Querist)
18 February 2009

sir,
we purchased the property in yr 1979 and the seller got our sale registered through his power of attorney Holder.
At present we lost the seller POA in year 2005 and we gave advertisement in the newspaper for its lost,getting benefit of it and death of his POA holder,he started trying to resale the property to some land mafias.
To stop him ,we filed case against seller in civil court for getting status quo and title deed suit.
In court they argued that,they never sold the property and they gave property to us for staying and through license by words to stay.,hindi word is 'mokhihk rahawasi license '.
Please suggest me,that if there is any time limit or not to challenge a Registered Documents and can they claim like that?Is it seller argument is sustainable in court?

Kamlesh soni (Expert)
18 February 2009

i agree with mr bhatia


Querist : Anonymous (Querist)
18 February 2009

seller sold and get his property registered through his Power Of attorney holder,

A. A. JOSEOnline (Expert)
20 February 2009

I share the view of Mr.Bhatia


Querist : Anonymous (Querist)
24 February 2009

my above querry is still open and i gave more details as you all required.


Querist : Anonymous (Querist)
24 February 2009

my above querry is still open and i gave more details as you all required.

Kiran Kumar (Expert)
26 February 2009

well if the property was sold to u...then it must have been registered in ur name...POA of seller is irrelevant at this stage.

u must be having certified copy of the registered sale deed, if not having then get the certified one from the Registrar's office.

registered sale deed and the revenue records contain all the contents about property then about executant and executee etc.


Querist : Anonymous (Querist)
27 February 2009

Sir,
We have Registries true copY and the original copy,but at present we are not having the copy of POA of the seller,which we lost in Yr 2005 and foe which we filed complaint in Police station and advertisement of lost in Newspapers.After getting knowledge of that,seller are refusing the Registry and saying in the Civil Court,where we filed case on them,that we are living in the Building and the propeerty is in our possession by some oral lease of them to stay-Hindi word is -mokhikh rahawasi license and now they are revoking it after 28 years and telling us in court to vacate the property,...please guide me.

PALNITKAR V.V. (Expert)
03 March 2009

Mr. Chandak has put this query earlier also in different form. So many persons have given replies and asked for some clarifications also. mr. chandak had given some clarifications also. The problem is that the POA is lost and they dont have even a xerox copy of it. Hence, the original owner is denying legality of sale and also saying that he has given licence to stay and nothing else.

n.k.sarin (Expert)
09 March 2009

Hi,Mr sanjay, Mr Palnitkar cleared your position.In my opinion if POA is lost and u do not have even a xerox copy of it, u can get a certified copy from the registrar office , if the same is registered one.Secondly, in case the POA was not registered one,but u have registrie's original copy on the basis of witch you got possession of the property and same is without interruption and continue on that basis u have an other ground open for u that is ground of advers possession. I think in this matter your position is strong due to the twenty eight year old uninterrupted continue possession witch is based on registered document.As far as defendent's plea of mokhik lease has no weightage against registered document.

Gulshan TanwarOnline (Expert)
04 December 2010

There is a law for Oral lease and possession, which can be of greater help to you.



Querist : Anonymous (Querist)
07 December 2010

Shri Gulshan Tanwarji,

Can I know the law for Oral lease and possession as You guided me.

I will be obliged.

Thanks.

Sanjay c


Querist : Anonymous (Querist)
07 December 2010

Shri N.K Sharinji,

I am very obliged in getting Your advice,really We are very glad to have Your opinion.You got Our case and problems exactly.
Thanks again,
Regards.
Sanjay c

Advocate. Arunagiri (Expert)
07 December 2010

The property is registered in your favour. You are in the possession. You can get a certified copy of the POA from the SRO.

You need not go the court. It is the seller who is denying should have gone to the court.

The property is yours.


Querist : Anonymous (Querist)
08 December 2010

Res .shri Arunagiriji,

Thanks for your valuable opinion,but in our case ,We did some wrong or mistakes and i.e we filled Title deed suit against seller i.e against Your wish in Yr.2006 and later,seller first not appeared in the case and became exparty but on the day of judgement they appeared and said,that they never issued power to anyone for seeling the property and we are in possession from 28 yrs by license to leave and now they are revocking oral license to stay .
We tried at Registrar place,where we tried by RTI Act also,where we got reply,that they not keep copy of power with the sale documents,they just check valdity of power of attorney and execute sale deed.
But with registry true copy ,we got income tax department no objection cert. to seller,which was obtained by seller for selling the property.
kindly advice me and obliged.
thanks,
regards,
sanjay c



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