Declataion of title...!
Naveen Kanth Dasari
(Querist) 21 July 2015
This query is : Resolved
Hello Experts,
My father had purchased a 200 Sq.yds property on my mothers name way back in 1989 in outskirts of Hyderabad, now the area is much developed. While it so, when we have planned to construct a house there in 2015, 2 peoples have come to object as both of them claim that the property belongs to them and they say that they have purchased in the year 2013 through a GPA holder, and as the property went into dispute we have approached the police and booked a case and on investigation it has come out that there are four Accused who forged our document and out of the four, one of the Accused has also made a forged GPA agreement forging my mothers signature as well and sold the property to third persons, and at the time of Sale we have come to know that the GPA person has brought some fictitious lady before the registrar.
Now my question is whether to take an injunction on the property or should i file a suit for declaration of Title U/s 34 of Specific Relief Act as since 1989 we were in the possession of the property and the same was sold without our information.
Plz suggest me
Thank You
Advocate Kappil Cchandna
(Expert) 21 July 2015
Sir,
Better is to seek the cancellation of the document on the basis of which they are claiming their title, stating that the document is void as the same was not known to you, I mean as the same was not prepared by your mother and seek injunction on the property.
Warm Regards
Kapil Chandna Advocate
9899011450
M/s. Y-not legal services
(Expert) 21 July 2015
yes.
the only remedy is you have to challenge the alleged document which was not given by your mother as null and void.
you have to appoint an advocate to further proceedings
M/s.Y-not legal services,
pil4yu@gmail.com
08754014990
T. Kalaiselvan, Advocate
(Expert) 26 July 2015
Agreed with the experts, you may have to file a suit declare the alleged sale deed documents as null and void besides filing an IA seeking injunction restraining the defendants from interfering in your peaceful possession and enjoyment of the property.
