I have purchased a site in Feb 96, regd. by a GPA holder. In May 14, I have got a confirmation deed executed by all 13 family members owning the land. (some registrations made by GPA holders, some by members of the family). In Jul 17 a legal notification has been published in paper, in which, B has filed an OS (1114/2015)against 11 defendants (3 GPA + 8 members). Defendants or their advocates will have to appear in court on 7.9.17, otherwise, court may pass a judgement or decree of permanent injection. I am not one of the defendants. What should I do? If some of the owners have registered this site to B, prior to May 14, how does it affect my right over the property?
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1. It appers a civilsuit is filed in rewepct of the aid proeprty.
2. SInce it is filed you have only option to appear in the case and contest it.
3. If you do not appear in the case on the scheduled date the court may pass ex parte decisison.
4. Unless the copy of the plaint is shown to me I cannot say the merit of the case or the interest of your being challenged in the suit.
1) i t is necessary to peruse documents cited by you to advice
2) property has been purchased by you in 1996 by GPA holder
3) further confirmation deed has been executed in your favour by all the family members
4) if GPA had not been revoked you have clear and marketable title to property
5)engage a local lawyer and file an application to be added as party to the suit
The dispute is raised in 2015, if the case pertains to challenging the execution of the GPA in favour of the previous owners and the powers that were vested to them through the Power of Attorney, then the same can be challenged. In your case, since 11 members who are the defendants in the case were the same persons who have executed a confirmation deed in your favour, it would be wise to implead yourself in the present case as your interest needs to be properly defended. Meet an advocate and tell him to file an impleading application on the basis of your previous transactions, once the application is heard and disposed of by the court, you can directly safe guard your interest over your site.
The question before the court is whether those persons who sold the site in your favour either through a GPA or otherwise, did they have powers to do so? and If they had the power to do so on what basis or documents needs to be established in court in the said case. It is important to see how the owners who sold the site to you defend the sale in your favour.
1. If you are not the defendant then also you can file an application to be made a party if you are going to be affected by the decree of the court.
2. If permanent injunction has been sought against the property which you have purchased then you should file an application under order 1 rule 10 cpc to be made a party to the suit.
If this suit is related to the property you purchased and the parties to the suit have not included your name in the suit, then you ma file a petition under order 1 rule 10 cpc to get yourself impleaded as necessary party to the sit for proper adjudication
If the GPA has not been revoked then you have the title over the land, though I require complete set of papers to give you a concrete advise. You may contact a local lawyer for the needful.
Regards
