cpc

clarification solicited


Hello Sir / Madam,

Now I have to purchase a property thru a court decree after a litigation of 37 years and my personal attendance of 27 years in this case filed by our father. The matter was resolved in a compromise with the sellers in the Mediation Centre thru the High Court and the matter has now come for Execution of the Sale Deed in the Trail Court.

Now the other 3 LRs are not in town for quite some time and I have no idea about their whereabouts. They have no interest in this property and are now avoiding me. THe last when we met around three years ago it was decided by all that I can keep this property for myself as I have worked for it, spent time and money over it.

  1. I have POA from all (in 2004 a Notarised) and 2014 Registered, that states I can appear before the Registrar/Sub-Registrar, compromise, withdraw or for signings of any documents. Can I use the same POA for purchasing and selling of the Property?
  2. How is it possible for me to sell it, How can I become the absolute owner of this property?
  3. What law is applied here for the partition of the undivided share in the property, is it as per Islamic Sharia law or all become the equal share holders?

Looking for ward to a reply. 

Thanking you

Razi Hassan

 
Reply   
 

1)it is gpoa or spoa .after case is closed it becomes end.u cannot use the same poa.2)u cannot sell it .3)for partiti on Sharia law applies.u can do one thing u file adeclaratory suit against them as Ur absolute owner. &Get decree .the decree may be with consent or exparty decree then afterwards do what u like
 
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