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Prakash (CFO)     11 June 2013

Regarding property dispute

Dear Sir,

Kindly note the below Points and Guide me to how should I react at point of time.

1. Purchased a land 6 months back and started construction of my house which is now almost ready and we already applied for occupancy certifcate.

2. I gave Power attorny to my brother by clearly mentioned that he is only authorize to do all govet. formalities on behalf of me and he dont have any right to depose my property.

3. Now at present I come to know that, at the the middle of house construction my neghbour created problem gat the construction material to our plat, as we dont have paaka road. So my brother entered into valid agreement with below points without my Knowldge.

A. He paid advance of Rs. 50000/- at the time of agreement and agree to pay 600000/- after completion of one year.

B. If he fails to pay the amount at the time agreemnt date than advance will be forefeited.

C. first party (My neighbour) have right to close the exhisting kaccha road and we cannot tresspass.

D Second party (Mybrother) will not question him about tittle of property at the time of final payments.

So just few days back my brother  informed me about the situation and Iam completely confused because if I buy that plot I have to sacrifice more that 70 % plot because there are another 2 houses lies in that area and these people are also tress passing from long time.

Please let me know how If I can challange him in a court or I have just pay the amount and be quite.

Waiting for your replies.

Prakash



Learning

 9 Replies

Rajeev Kumar (Lawyer/Advocate)     11 June 2013

I think the kacha road is for the general public and no one have right to use of road. That road is used for longtime by public then file a suit against him under Easement Act.

reejas (advocate)     11 June 2013

u can sue him asking for easementary rights. did u check the plan regarding the passage.

Prakash (CFO)     11 June 2013

Thank you so much ...... I will check according to your suggestion .......

Manjunatha (Financial Analyst)     12 June 2013

Dear Sir,

While selling the property if we gave Registered GPA, can that GPA holder sell that property to others (Before the full settlement of amount)? is he have those rights without registering the property or without consenting the property owner? what we can do for getting that property back?

Manjunatha (Financial Analyst)     12 June 2013

Dear Sir,

We sold the property with Registered GPA but he is not given the Money yet and he sold that property to others and later they also sold that property to third party can we get that property back or money back?

Prakash (CFO)     13 June 2013

Dear sir,

As you mentioned, the landlord caanot block the road and if he does we can file a suit under the Easement act .......... But can u guide me that, what widdth of road should be claimed from his property for the use road access.

Waitng for your reply.

Prakash

reejas (advocate)     13 June 2013

in the first place u should check the plan as to whether any common passage is alloted and if allotted u will find the extent of road on the sketch itself or u can further clarify it from ur concerned authority or u can know it throught R T I Act

reejas (advocate)     13 June 2013

in the first place u should check the plan as to whether any common passage is alloted and if allotted u will find the extent of road on the sketch itself or u can further clarify it from ur concerned authority or u can know it throught R T I Act

reejas (advocate)     13 June 2013

Power of Attorney is given only to sell the property through agent on behalf of the owner .the property has to be sold only with the consent of the owner and the agent cannot retain the sale consideration  with him. U can sue him. More over power is valid only till the life time of the owner .


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