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Sudhir   15 October 2019

A heir is claiming the title and cancellation of property sa

Hello, I am from Gujarat.

I am a graduate, and while preparing for public services, I have gone through constitution almost 10 times, so i have basic ability to understand laws.
I purchased a property in urban area, in 2016, at that time there were no legal suits against the property, we published the advert in newspapers, and no claims received.

In 2018, a family has come up with a suit against the previous property owner, claiming the title of the property. 

Here is the details of the claim from those who instituted the claim.

The plantiff is claiming the title under specific reliefs act - Clause 31.

Lets say, I am person D, my previos owner is C his previous owner is B
Lets say plantiff is person X.

I purchased the property in 2016 from D, he purchased from C in 2006, C purchased from B. B was not the owner of the property but he had power of attorney from original owner.

Now, B who had power of attorney sold the property to C in 1988. 
The original owner, who had given power of attorney sold the property to father of X in 1994.

Now X claims that he has the right over title.

Father of X, had taken a loan from the bank, but he had not paid the amount, and he did not pay full stamp duty either. The father of X died few years before. X paid the remaining amount of loan and stamp duty in 2015 and got the sale deed.

The arguments put forward by X before court are as below.

- X claims, that his father was not in good health, so he never talked about the property before, and he came to know in 2015 only.
- He argues that, at the time, when B transferred the property to C, if power of attorney was valid or not is questionable, otherwise why the original owner would sale the property to father of X.
- X claims that Limits act does not apply on this ground.
- X claims the fraud transactions are done by B,C and sale deed should be cancelled, and possession should be transferred to him.

Another twist in the case is as below.
- The sale deed, which X holds, has measurement of the plot, which is different then the plot on which my house is standing. 
- The measurement of plot size, mentioned in the sale deed of X, matches with a ULC plot which is adjucent to my home. I guess, the original owner, sold the ULC plot to father of X, and X him self is very well aware of that fact, but he has knowingly instituted suit against us.

The major facts are 
- Sale deed to father of X was done in 1994, why sale did to my side of previous owner was done in 1988.
- X has instituted the suit in 2015, which is 21 years after the sale deed done to his father by B.
- X has paid remaining stamp duty in 2015 only.
- I have the possesion of the house, and my. sale deed is legally registered, i have constructed a new house, got the completion certificate and all.
- My name is not mentioned in the suit.

What the chances for me of loosing the property, and what are my legal options


 4 Replies

G.L.N. Prasad (Retired employee.)     15 October 2019

Though your name is not mentioned in the property, implead yourself as a party as you appear to be an innocent buyer.  This safeguards your interest.  Please apply to Corporation/Municipality and get the survey of your existing land first and get a certificate.   Inform facts in your application before court on such discrepancies, survey report, various permissions applied with all the safeguards you have taken like newspaper printing etc. 

1 Like

Kishor Mehta (CEO)     15 October 2019

If the POA was adequately stamped, executed and registered, inclusive of clause of permission to sell and was not cancelled before the date of the registered sale documents, then the later sell of the property by the owner is not legally valid.
1 Like

Sudhir   15 October 2019

Thanks for reply, another questio is, how did the court accept the suit, doesnt it fall under limits act. The sale deed was done in 1994, and the person instituted suit for the title in 2018

G.L.N. Prasad (Retired employee.)     15 October 2019

The limitation comes as an issue of fact and issue of law, which can only be decided after trial.  Plaint can not be rejected on limitation, and while admitting suit plaint averments are only taken into consideration.  You have not informed as to how much court fee has been paid by the plaintiff ?  As the plaintiff is not in possession as on date of filing suit, the court fee must be paid as per the Market rate prevailing on that date.   The presumption is that he ignored your claims (or concealed fact) and stated in the plaint that it is a joint family property that entitles him for a nominal court fee of Rs.200/- and limitation period of 12 years.

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