Plot issue
Akshata
(Querist) 14 June 2012
This query is : Open
buying a plot and retaining it is not easy in bangalore. My dad bought a plot around 15 years ago. from a 2nd party.2nd party purchased it from the 1st party. 1st Party is the person who owned the huge land and made it a layout, kept few plots to herself and sold the rest.
there is no sale deed between the 2nd party and the 1st party(2nd party in the presence of the 1st party) told no registration was happening during their purchase hence they resorted to power of attorney to 2nd party along with change in kata and kandaya. there is a sale deed between 2nd party and my dad.
the plot next to my dad's plot is still owned by 1st party(once the issue started it is been transferred to her daughter)
issue: 1sy party has encroached 3feet out plot. the case is in the court. intailly when the lawyer took the case he assured that our case was strong and high possibility to win. now he is asking us to search the 2nd party and get them as the sale deed dose not mention that 2nd party is selling the plot on behalf of the 1st party. since there the 2nd party has not mentioned the 1st party name in the letter it may not be valid.
however when he took the case he said 1st party cannot say its invalid after 14 years of change in kata, kandaya.
main issue is the son-inlaw of the 1st party is attending the court and the 1st party who is alive. My dad says 1stparty is a good lady can out lawyer not insist that she come to court? neither is her daughter attending
i get the feeling that our lawyer has compromised with the opponent. he insisted that we pay is complete fee only then he will take up the case. he treats my dad with no respect,my dad arrived 10 mins early he has problem. my dad makes it a point that he never make the lawyer wait.
apart from these things, he says he will ask these questions to the opponent today(based on the document discrepancies) but in court he will not ask any of it. also do not abject when the opponent tries to mislead. example last time the opponet lawyer asked if there was a house/room the beside plot when we purchased the house. Dad said: it was.. the opponent lawyer stopped my dad and said yes or no. my dad said "yes". now they are proceeding to prove that the construction done in 2006 existed during our purchased. where as that room in 15feet away inside the same plot.
they are not constructing anything in that plot as its suppose to be vacated for road. We have furnished all the photos to show that it goes to the road.
Also the main problem is that our lawyer now insist that we get 2nd party to come here, my dad when to the address he had no one knows them there and the owner of the house has changed too. we are not able to find her and our lawyers in creating fears that with out her the complete plot may be in trouble. but how do we go about searching her? we only know that she worked in a government school, we do not know which school either.
thanks in advance for any help
