Dispute building property
D.Dakshina Moorthy
(Querist) 18 February 2017
This query is : Resolved
Dear Sirs,
Kindly provide your valuable suggestion for the same.
One Lady got a Building and she gave General Power Authority to her Elder Son in his name.
Later she sold the building for Rs.80,000 to Another person with witness her son. On the same day she made another Reconveyance agreement for the period of 5 years. Earlier Sale Deed agreement was not cancelled. After making these agreements, she and her family lived in the same building as Lessee. Nine months, later she and her son gave an amount of Rs.40,000/- for the principle amount. The Lessor/present building owner considered this amount as Rent for the building. Hence, there was a Dispute between. After some times, the Lady and her son dead. Meanwhile, The reconveyance agreement did not take into consideration. Hence, the legal heirs of the Late Lady and her son,s legal heir made a Redemption mortgage for the recovery of the building within the period of five years. On the basis of Sale Deed agreement , the Building owner sold the building to another person. Later he dead. The Past Building Legal heirs claiming to the Present owner of the building. The dispute was continued. Finally, the Court is given Degree in favour of the Present Building owner.
Not taken into consideration of the Rs.40.000 as the principle amount, and not taking into consideration of the Reconveyance agreement, only on the basis of Sale Deed Agreement, the building was sold, and the seller also dead. On the basis of the sale deed agreement, the present building owner went to the against Past Legal heirs of the building and won in the High Court of Bangalore. As per the court order, the Past Legal heirs have to vacate their position.
If the situation is being this, what is remedy for the Past Legal heirs and what step they to take further ? Some of the the Late Lady and Late Son’s legal heirs did not sign in any document. What are the remedies will be available to them. Is there any chance to recovery for the building by the way of submitting Revision/Review Petition for the same.
Meanwhile, the present building owner made caveat application.
I request you to kindly provide your guidance for the same.
Thanking you,
( D.Dakshina Murthy).
adv.bharat @ PUNE
(Expert) 19 February 2017
Review petition is not possible since no order give by court.
If u give precise fact of case with date and where the proeprty is located then we can help u.
D.Dakshina Moorthy
(Querist) 19 February 2017
Sir,
The property is in Bangalore.Both Sale Deed agreement made in the morning and in evening Conveyance Deed based on Mortgage basis was done. Based Sale Deed agreement, the property was sold to another person and did not take into consideration of the conveyance deed.
