property dispute
Querist :
Anonymous
(Querist) 07 February 2009
This query is : Resolved
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
Querist :
Anonymous
(Querist) 07 February 2009
we purchased 2 properties in 1979 . In registration of documents ,attached documents were ,permission for sale of properties from land ceiling dept, incometax dept. permission for sale of properties,,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 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 the power and can get power of w
Querist :
Anonymous
(Querist) 07 February 2009
we purchased 2 properties in 1979 . In registration of documents ,attached documents were ,permission for sale of properties from land ceiling dept, incometax dept. permission for sale of properties,,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 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 the power and can get power of w
PALNITKAR V.V.
(Expert) 07 February 2009
You have no where mentioned whether the power of attorney on the basis of which sale deeds were executed in your favour had been registered. If that was registered, you can get certified copy of it. Secondly, merely because your name was entered in the record of rights would not deprive you of your ownership rights if they are legally acquired. Entries in the record of rights taken as per land revenue laws are basically meant for fiscal purposes. They do not create, modify or take away ownership rights. If you are in possession, you have won half of the battle. Dont lose the possession. Though your name is removed from record of rights of one property, you can file appeal/revision against that removal. Besides, if you have obtained status quo/injunction against the opposite party, you need not bother much. If you have duplicate of the POA, you can prove it as secondary evidence as the original is lost and you have also filed police complaint about the loss and also published ad in paper. You can prove your title and protect it. The opposite party has hardly any chance, if you and your lawyer put up the case before the court in a proper way. By the way limitation to challenge the sale is three years but the delay can be condoned depending on the facts of the case.Since you are in possession, dont worry about the delay.
