6.30 acre property belongs to m narayana since year 1974. Out of that 2 acres narayana sold it to madava chary in year 1988 and rest 4.30 he kept it to himself. In year 2015 I k goutham approached for 4.30 acre purchase we both went into an agreement I took the property possession in year 2016 under Registered GPA. In year 2017 we came to know there is a second document for that 4.30 acres registered in year 1991 through a GPA to a organisation which is rectified in year 2006 with 2005 bond paper. I searched for the person in that document Mr. John vattamatom took a NOC and got a proceeding from MRO for record correction in narayana name. Recently organisation people came to took property possession when I was out of station . 1. How to take property possession? Can we get permanent injunction? 2. Can we file a complaint against road widening compensation they took on property ? Help me I'm confused
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Dear Client,
Registered GPA with consideration cannot be revoked except by registered cancellation deed.
You have to file declaration suit with possession and injunction against organisation.
Presently you have GPA and rectified GPA on bond and NOC, so file criminal case of tresspass.
Any act done on property amounts to creating nuisence and mischief on your land.
File criminal case.
Previous GPA regisdered and with or without consideration ?
They got a sale deed with a unregistered GPA and claimed road widening compensation. All this happened without first owners involvement sir. What all documents needed for injunction and how much will it cost ?
Remedy is to file a suit for declaration and possession if your not in possession of the land.
What do u mean by sale deed with un registered GPA ?
If sale deed executed and registered than organisation is actual owner and you are victim of cheating by narayan.
1) if 4.30 acres had been sold earlier you would not get injunction in your favour
2)you have to file declaratory suit that you are absolute owner of property if sale deed has been executed
3) GPA does not confer title to property
4) registered sale deed ought to have been executed in your favour to confer title to property
HI, it is advisable to file a civil suit for permanent injuction and obtain a stay order from court..
1. While registering the GPA for buying the said property, did you not conduct any registry search to ascertain wHether the title of the property stands in the name of the sellerv i.e. Mr. M. Narayana or not? Moreover selling landed property though GPA to person not related to the family of the seller has been adjudged against by the Supreme Court in the year 2012. In the given circumstances, the sale deed registered first will be considered as valid for which it will be legally difficult for you to take possession of the said property by dispossessing the present title hoder.
2. You can file the complaint but you shall have to prove that you are the legitimate title holder of the said property and not the said organisation.
Hello
If a part of the land i.e., 4.30 acres has been previously sold then you will not get anything.
The title will come in your favor only if the sale deed has been executed in your favor.
Regards
Also take note of the fact that the GPA will not confer the title of the property on you.
Regards
Hi
There are Two Options available to you O
Option 1:
1) If the First Owner M.NARAYANA is claiming that he is innocent and that he had not executed any unregistered GPA or sale deed in favour of Mr.John Vattamattom, then the M.Narayana should actually file a cheating case against Mr.John Vattamattom for taking illegally the road widening compensation and also file a suit for cancellation of sale deed and for permanent injunction.
2) You can be impleaded as a plaintiff in the suit for cancellation of sale deed and permanent injunction.
3) Since M.Narayana was the owner and was in possession of land till the year 2016, he should file the suit for cancellation of sale deed and permanent injunction as First plaintiff (you will be the second plaintiff).
4) Mr.Narayana should also file a suit for recovery of money (road widening compensation) from Mr.John Vattamotam
5) Here M.Narayana has to bear the costs of filing of suits (court fee and advocate fees)
Option II:
1) As far as you are concerned, you are also at liberty to file
a) Criminal case against M.Narayana for cheating and
b) Also file a suit for declaratory title and possession by making M.Narayana and Mr.John Vattamatom as defendants.
2) Here you have to bear the costs for filing of suit (court fees plus lawyer professional fees.
3) Please note that in second option, you cannot file any cheating (criminal case) against Mr.John Vattamatom.
For query on fees, we will need to see the entire documents to decide on the extent of court fees and lawyer professional fees.
Hope this information is useful.
1. You should be aware that you are not the title holder/owner of the property, you are just a power of attorney holder.
You have to fight it on behalf of the owner, he can file a suit for permanent injunction.
2. Compensation should be paid by the authorities concerned and it will come your landlord directly.
Whether the land has been acquired by the government agents?
They got a sale deed with a unregistered GPA and claimed road widening compensation. All this happened without first owners involvement sir. What all documents needed for injunction and how much will it cost ?
Your owner has to file the injunction sit, he should possess the original title deed besides other relevant documents.