If they were indeed co sharer then you should have purchased from them as well and in absence of any deed of conveyance your title is not perfect.

However you are in possession of the proeprty , so retain its possession.

If anyone claim share in the proeprty let him file a suit.If a suit is filed you will get chance to contest the same which take years together time.

Do not file any case or writ petition.

Let the person or a body claiming title in the proeprty file the same.

1) ask them to produce evidence of cancellation of GPA before sale was executed in your favour . Let the landlord take legal proceedings to prove their claim in court of law

2) since you have not received any notice that property belongs to wakf board do not file any RTI application

3)if you have been in open , hostile , possession of the property for 12 years you can claim defence of adverse possession against the previous owner

4) affidavit has to be filed within time granted by court for filing affidavit or such extended period

The only way out is to challenge the GPA issued to second holder as the holder can not sign if the GPA is revoked.

As the property is registered in your name and hope the mutation must have been in place.

If the property is belong to wakf board then no one can sell the property which they don't have.In any case the property is in your possession and trespassing should be properly dealt with the police help.

Doors of court is open if any dispute arise due to action of 2nd GPA provider.

1. First of all investigate about the claims of the executors of the 2nd GPA holders i.e. whether they had really cancelled their said GPA or not. If it can be established that they knew about the said sale and signature of their GPA holders then you shall be able to counter their claim fittingly bringing the charge of cheating on them.

2. Regarding the wakf Board property get it verified with the help of a lawyer.

3. If you can prove that you are in physical,possession of the property for the continuous period of at least 12 years against the expressed wish of its title holders, then you can claim adverse possession of the property.

4. On the day of the 1st hearing of the W.T., the Court will mention the period within which one shall have to submit its Affidavit in Opposition, if the said W.P. is not rejected on the 1st day itself.

1) if GPA was cancelled then holder of POA could not have sold property to you In 2002

2) you don’t have clear and marketable title to the property

3) amicable settlement is best option

4) you can claim defence of adverse possession as you had open , hostile and uninterrupted possession for 12 years

Hello,

You an definitely claim the defense of adverse possession since you were in peaceful possession of the property for more than 12 years without any interruption, though at the same time you may note that you do not have a clear and marketable title to the property.

Also further note that if 2nd holder of GPA was cancelled in 2002 then any transaction done by POA holder after the date will become void.

Which writ petition has been filed.

You will have to file the counter within the time as specified by the court.

Do not file any RTI at this juncture

Yes you can take the defense of adverse possession.

Regards

Hi sir , if the property is of Waqf board , then the sellers will get in serious trouble , and you can file a criminal FIR under 420 IPC .. Till now as they have not challenged it legally , it is advisable not to pay them money .. Retain your posession over the property and if they serve you any notice challenge if they file any case , contest the case as they are the witness in the sale proceedings when the property was transferd to you .. The case is positive and is in your favour .. They are also time bound by limitation act ..

Firstly you must know that SPA/GPA/ transactions are not Transfers or Sales and these documents do not make a person title holder of that property even if he is in possession of that property. Sale Deed is only the way to become the owner of any property.

In your case, you are a registered sale deed holder , having proof of continuous possession of 12 years , so your possession cannot be challenged by the 2nd GPA holder as per law of the land.

Kindly let me know the various options that we have in this regard.

Does Law of Adverse procession will help me in this regard?

If the property belonged to the other party also who executed a second GPA , then, since their GPA did not execute the registered sale deed jointly or even separately, it can be deemed that his principals who are joint owners have not consented to this sale deed.

Hence any claim by them, at this stage also is maintainable provided they prove that they are also the legal owners of the property purchased.

Filing a RTI will help me to know the wakf board property? How to go forward?

Why do you want to file a petition to know about this position, if at all there is any claim, the wakf board will file a suit against you.

Another Question:

What is the minimum time period to file a counter affidavit against writ petition? How to expedite the case in this regard as from govt side counter affidavit is not filed even after six months time in another case even though notices are served

Who filed the writ petition before high court?

The high court wold have fixed the date for filing counter and the matter would not have reached the court on the said date.

If you are the petitioner, you may pressurise yor advocate to bring the matter on list.

If some of the owners have not executed the sale deed, then it is deemed that they are not in the knowledge of the sale of the property in which they also have rights for their respective legitimate share.

Their share in the property cannot be denied nor their rights can be deprived.

Any suit for partition and separate possession insofar as their share is concerned is certainly maintainable.

Law of adverse possession is not operative in this situation.