1) don’t pay her any money
2) let her file suit
3) your sale deed must be containing indemnity clause wherein seller indemnifies you in case any claims are made by third party
Property dispute POA
We recently purchased a site from a seller who herself purchased from a person who had power of attorney from all his siblings to sell the property. The site is a part of the multiple sites sold by the 1st owner. we are the third time owners. It been 13 years since the site was 1st sold. we have already availed bank loan and started construction. Now one of the sister of the siblings is trying to extort money saying her name was not included in the original POA. She has already extorted money from our immediate neighbours,. She is threatening to give money or she will get a stay order. Though she says the matter is in court, she has not yet shown any official document. Can you please advise us what we need to do now?
Asked 6 years ago in Property Law
Religion: Other
11 Answers
Sir first kindly check the copy of power of attorney and the family record of the first owner and revenue records of property.
Take all the documents to the local advocate and check whether she has any share or not.
In case she has share and it was not released (sold) vide POA then ask her for a release deed and get it registered then only pay the money. If she would have any valid claim in my view she would have got a stay but she is threatening to check documents then take steps.
thank you very much for your prompt replies. I dont want to pay her any money. Iam willing to fight it in courts as i feel she is doing this only to extort money. She has done the same with other people also.My only concern is if she gets stay order for my construction, what should be my next step? thanks in advance
Asked 6 years ago
See in case she gets the stay you need to file petition before the high court to get stay vacated as the suit can go for years and this can prejudice your right and construction.
If any stay orders are passed file appeal against said order
Court may permit you to carry on construction at your own risk . It would be subject to final orders passed by court in suit filed by the plaintiff
This is my response to you:
1. If the NOC has been obtained from all siblings then nobody has any legal claim to the property;
2. Also if she does file a claim on the property then file a counter-suit against the POA holder who sold you the property;
3. Also if she blackmails or threatens you, then file an FIR in the nearest police station;
4. If she does seek claim then claim compensation from the POA holder for cheating you and seek compensation double the value of the sale;
5. Engage services of a lawyer to verify your documents, the title search of the property and guide you with the legal process;
6. By the bare perusal of facts, it seems you can contest the matter if she does ever file a claim.
Dear Client,
IF she is not included in POA, than she can get stay from court, better file FIR against the POA holder and other siblings for cheating and blackmail.
She can take her share from the sale consideration paid to POA holder. She cannot directly file case against you but have make her other siblings party in the suit, If she not than malice on her intent and in this situation stay can be vacated.
There is no limitation for payment of such illegal amount. Even if you givr there is no guarantee she will stop. So kindly pursue the legal way. Let her file any proceedings you contest it.
Dear Sir,
Such blackmailing tactics are increasing in Bengaluru City. Just ask her to settle her issue with her siblings by filing a suit for partition or any other suit she prefer to file. You need not pay anything to her. At the most she can claim her share from her siblings who legally sold the property in your favour by executing a sale deed. If she makes as a party then you may file a necessary application before the Court for deletion of your name since you are not the necessary party in a suit for partition which she may likely to file.
1. FIRSTLY file proper FIR against the nefarious person (so called sister of siblings) for criminal extortion, threatening and intimidation, preferably based on proper documents and witnesses. Usually such extortionist work till they are not caught.
2. SECONDLY, file "caveat" in the local Civil court, thru a local lawyer. This will restrain the court to grant any Stay, till they hear your side of the story. IF all documentations are in order and construction permission is proper, THEN stay order or whatever relief is not granted too anybody.
Keep Smiling .... Hemant Agarwal
This is a menace especially in the surroundings of Bangalore.
Such things will surface after a decade or so when the new owner is starting the construction on the vacant site.
You have to fight it out legally if the extortion is exorbitant.
No doubt whe may not win the case but the tortures of visiting the court frequently leaving aside your work, money spent on litigation including the advocate fee etc, will be a cause of concern, so you decide further course of action based on the prevailing situation.
Thank you very much for your prompt replies. I dont want to pay her any money. Iam willing to fight it in courts as i feel she is doing this only to extort money. She has done the same with other people also.My only concern is if she gets stay order for my construction, what should be my next step? thanks in advance
If you have decided to challenge her allegations in the court of law, then it is your decision.
If she obtains stay order, you may file a petition under Order 39 Rule 4 to vacate the injunction granted on the grounds you rely upon.