what is the remedy available to safe guard property?
V.G.Rao Advocate
(Querist) 01 September 2010
This query is : Open
Hi all,
My friend's father purchased a house property ad measuring 270 sq.yds in the name of my friend when he was minor in the capacity of guardian under a Notarized agreement of sale by paying entire sale consideration in the year 1987. Subsequently the father of my friend expired leaving behind his three daughters and my friend as his legal heirs.since the property stands in the name of my friend he made three portions of the aforesaid property and has executed two registered gift deeds for 40 sq.yds each in favor of his two elder sisters out of love and affection and handed over the possession to them, but he has not registered any document in favor of his third sister as her husband is not good by character but has delivered third portion consisting of 40 sq.yds to stay in as permissive possessors, and the remaining area of 135 odd sq.yds property portion he executed a registered gift deed in favor of his wife.The vendors under the agreement of sale are not disputing the possession of my friend nor the sale transaction, but to surprise of my friend his third sister without his knowledge has executed a registered gift deed in favor of her husband the portion claiming it to be ancestral property and given a new municipal number to the said portion which was not in existence at any point of time and apart the boundaries under the registered gift deed are not tallying under her occupation as a permissive possessors , and her husband in turn sold the property to third parties who recently dismantled the said portion and at present the said portion is open land and vacant, in such circumstances what are the legal remedies available to my friend to safe guard his interest and rights over the property of the said portion.Since the property purchased by his father was under agreement of sale, as on date property tax receipts were issued by the municipal authorties in the column of Owner as "PO"
