• Property sale without title deed

Sir, 
I am 1st person got site allotted from govt. Authority on 1981 on lease cum sale agreement for 10years ( without TITLE DEED). 
Then i have given GPA registered without any base documents such as allotment letter etc. for construction person in 1985 ( 2nd person) to construct my home stating that i have given all my rights to buy or sale any property which is in my name and to get permission from govt. Depts. For necessary progress of work.( Without mentioning above property address or details in it ) But the 2 person sold my property to 3 person stating it is sale deed in the year 1990 ( its still with 10 years lease for me from govt. And without obtaining title deed from govt. Authority or from me )
After few years i came back to my position with necessary documents and staying till now. Then i decided to sell hence i went and got TITLE DEED from govt. Authority. Then i went to register my name in munciple corporation but then i realized the 3rd person is paying khatha without my notice and without coming to my position. I asked him why then he showed registered sale deed from second person .Now can he file case against me in court? Will court accepts it.
 And is it possible to sale anyone's property based on gpa without supportive documents ? And without obtaining title deed. 

Points from my side:
1) i have title deed registered in 2016
2) i have allotment letter and other documents. But 2nd and 3rd person doesn't have those documents. 
3) am in position past from 25 years. 
4) second person sold to 3rd person even by not obtaining title deed from me or govt. 
5) the 3rd person actually staying in america and got green card in america and she is now NRI. past from 20 years khata is paying indirectly by her relations. 
NOW SHE HOLDS AMRICAN PASSPORT
Asked 6 years ago in Civil Law

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7 Answers

1. Obtain Encumbrance Certificate from the jurisdictional Sub-Registrar's Office and check the transactions that have taken place in respect of your property so far.

2. What made you not to raise objections for all these years.

3. The GPA you executed for construction of the house on the site allotted to you should not have clauses to allow the attorney to sell the same but could be used only for construction of the house.

4. Get the papers evaluated by a Lawyer to get the correct status of your property.

5. Was there a component of money in the GPA executed by you.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1)you have executed POA in favour of second party to carry on construction to buy , sell property

2) on basis of POA second party has sold property to third party

3) since you have authorised sale of property second party could have executed lease deed in favour of third party

4) it is necessary to peruse lease cum sale deed, POA entered into by you with second party to advice

5)the issue would be whether sale deed could be executed during period of lease or not

6) without going through documents cited by you we cannot advice further

7) you can claim defence of adverse possession as you are in possession for last 25 years

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

SC judgment does not affect transactions executed prior to 2011

you have executed GPA authorising second party to sell the property

3) GPA holder can execute sale deed in favour of third party

4) claim defence of adverse possession

5) dont be in hurry to file suit .

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi, You have to file suit for deceleration that you are the absolute owner of the property before the Jurisdictional Court against that person.

2. From your narration you are the absolute owner of the property and you are also possession of the property.

3. On the basis of the Katha he can't Claim the ownership of the property. It is only a incidental to the sale deed.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Merely having the Katha certificate does not confer any title in favour of the holder. You have been duly allotted the plot, you are having the sale deed executed in your favour, you have constructed a house and have been residing in that for the past 25 years.

No third person or party can disturb your possession or stake a claim over the said plot or house at this point in time.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Now can he file case against me in court? Will court accepts it.

The registered sale deed in his favor is not valid if it did not rely upon the previous title document.

Even if the third party files a suit for declaration of title in his favor, he may not be able to succeed since he has no title document referred to the execution of this sale deed.

Further you have not obtained a sale deed in your favor as on the date of execution of this sale deed.

And is it possible to sale anyone's property based on gpa without supportive documents ? And without obtaining title deed.

It is not possible however if the power agent used fradulent means to carry on this illegal task, then he may be drawn to court

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Please let me know now weather the case should be filed by 3 person brother in law or third person itself. ( That is in the name of third person can her relations or husband etc can file case against me ? ) note she is NRI and have green card, and even her children have green card in america.

If at all she has any grievances, she may have to file the suit herself. however she can file the same through a power agent too.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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