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Nikul   23 March 2018

Once the rights over land property willfully waved off can not be reversed

Dear Sir ! Kindly help on the topic and if possible mark with HC or SC judgement / order on relevant matter. If the persons A,B,C and D have one joint land property name X. In the said property A has taken power of attorney of B and C and make a registered sale deed in favor of X and Y then X,Y has sold the property to W and Z and enter the sale deed on revenue record. Then after D has raised objection on such false sale deed while the revenue authorities has cancelled all the entry pertaining to such sale deed. Then D has lodge the civil matter to cancel the registered sale deed while in the proceeding Mr A has entered and confessed by the judicial affidavit that he has the right to sale the share of A,B and C on the legal power of attorney. and he had willfully sale and sign sale deed of X and Y then as a witness he had made a sign on sale deed of W and Z. But on the ground of joint property was of 4 person A,B,C and D but the D has not given any authority to sold the said property hence both the registered sale deed has been cancelled by the civil court judge. Now D has lodged claim in the civil court saying that the A has already willfully waved off his right over property by making registered sale deed also he is as a witness in the second sale deed confessed in the court that the selling of property share is his right. The suit is under process in the court. So I need your kind help to guide us can the court will consider the argument of D and will order to remove share of A,B and C from the said land property. If yes ! then mark me HC or SC judgement. Many Many Regards.


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 1 Replies

KISHAN DUTT KALASKAR (Advocate)     26 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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