How to claim the house plot.
koteswara rao jonnalagadda
(Querist) 28 June 2013
This query is : Resolved
TO,
THE RESPECTIVE EXPERTS,
SIR,
I AM RESIDING AT HYDERABAD SINCE 1977.
I HAVE PURCHASED A HOUSE PLOT AT POSTAL AND AUDIT SOCIETY IN THE YEAR 1989 ON MY YOUNGER DAUGHTER.
B.AT THAT TIME HER AGE IS 5 YEARS.
C.SHE IS HAVING HER SAVING BANK A/C AT INDIAN BANK FROM THE AGE OF 2 YEARS,BUT OPERATIONS WAS DONE BY ME.
C.THE TOTAL SALE CONSIDERATION OF RS 33,000/- PAID FROM HER SAVINGS A/C AND FROM HER CASH BALANCES.
D.THE SAME WAS FILED IN THE YEAR OF 92-93 FINANCIAL YEAR TO INCOME TAX DEPT AT HYD AND GOT ASSESSED ALSO
E.THE SELLER CAME FROM GUDIVADA A TOWN NEAR VIJAYAWADA BUT HE COULD NOT REGISTERED THE PROPERTY TO HER(MY DAUGHTER) BECAUSE OF CERTAIN ANTI SOCIAL ELEMENTS ENTERED ON PROPERTY AND DEMANDED FOR THEM TO REGISTER.
F.AT THIS JUNCTURE HE HAS GIVEN A SALE AGREEMENT CUM POSSITION OF PROPERTY TO MY MINOR DAUGHTER ON29-05-1993 ON A RS250/- STAMP PAPER.
G.AT THAT TIME HER AGE WAS 9 YEARS.
H.IN THE YEAR 1995 SEP-20TH THE ABOVE SAID GUNDAS WENT TO GUDIVADA AND BROUGHT A SPECIFIC POWER OF ATTORNEY (REGISTERED)AT GUDIVADA IT SELF AND GOT THE SAID PLOT REGISTERED ON GUNDAS WIFE.
I.SUBSEQUENTLY WHEN WE TRIED TO GET HIM FOR REGISTRATION WE CAME TO KNOW HE DIED AT THE YEAR OF 2003.
J.NOW WE CAME TO KNOW THAT THIS GUNDA ALSO DIED WITH AIDS.
NOW WE ARE AT THIS CROSS ROADS ,KINDLY
ADVISE US FOR GETING BACK THE PROPERTY.
Devajyoti Barman
(Expert) 28 June 2013
Since the sale agreement was executed prior to POA , you are in better footing to claim the property or refund of money including compensation from the legal heirs of your seller.
koteswara rao jonnalagadda
(Querist) 28 June 2013
RESPECTED SIR,
DEAR DEVA JYOTHI BARMAN,
WE ARE MORE INTERESTED IN CLAIMING THE PROPERTY RATHER THAN COMPENSATION.KINDLY ADVISE ME HOW TO PROCEED.
WITH REGARDS.
Anirudh
(Expert) 29 June 2013
Dear Mr. Rao,
The plot is now registered in the name of the wife of the alleged Gunda.
That was registered in the year 2003. You ought to have challenged the same within 3 years. Which you did not do. Now the possession of the plot is in the hands of the wife of the alleged Gunda.
Your chances of getting back the plot is very very weak.
Raj Kumar Makkad
(Expert) 29 June 2013
The challenge is to be made within 3 years of date of knowledge. You can show your knowledge accordingly and can definitely challenge the act.
