Registration of GPA was not mandatory in 2006
2) notarised POA was valid
3) if your property has been encroached upon file eviction suit against encroacher
4) also file police complaint of criminal trespass against the trespasser
Double document issue.
1. A open land property belongs to narayana took GPA by paying 1% in year 2016 2. Same property was registered in some others name through a unregistered GPA in year 1991. Without narayana involvement 3. Same document was rectified in year 2006 using 2005 document. ( that too using a unregistered document in year 2006) how is it valid,? 4. Pahanis are reflecting narayana name only but in one of the years it was showing other party name so somehow we got that other document guy and applied for proceeding at MRO and got a correction of record done 5. After all this recently my lawyer asked me to sell the property to someone else and get rid of it. As the other party took the property possession 3months back by hiring a security guard 6. The one who bought from me has transparency about whatever has happened 7. Right now as we sold the property we want to take property possession how to go about it ? Is it manageable if we take possession with police help as the sale deed is also done It's important
Asked 7 years ago in Property Law
Religion: Hindu
9 Answers
You can file a ownership suit in court to officially declare that you are the owner, after obtaining decree you can take possession of the said property.
How long will it take file a suit ? I dont want any disturbance on site for few months later on other party will take over sir. What to do ?
Asked 7 years ago
Eviction suit may take over 5 years to be disposed of
2) it depends upon pendency of cases in trial court
3) you have no other option but to take legal proceedings for eviction
It's take maximum 3 to 15 days for filing.
Sir even if the sale deed is done police will not help if there is poseession of third party citing it civil matter. There can be two poosible either you the legal owner files a complaint with police and if police helps you as orginal owner to take possession then after possession sale it.
or if the sale is done then the other party has to file a civil suit for the possession of the property.
Sir suit can take 2-3 years or more depending upon the pendency in the court. You file a suit once the possession is taken then sale the property. or the new owner after sale can file a civil suit both options are available.
How can u ask back possession from buyer when you are paid and sale deed with buyer is also done?
In that case you will have to somehow prove that sale deed was not valid and property was never sold by you and that possession was taken forcibly from you
The suit will take years to resolve
Have you registered sale deed or is it just signed?
The unregistered GPA is not a valid document.
In fact the registered GPA document is also not a title document.
If you have a registered title document in your favor then you may file a suit to declare your title and for possession of property by ejecting the occupier, provided the occupier is an unauthorised occupant in the property purchase by you.
The police may not be of any help to you in this regard since this is a civil matter because there is no crimnal conspiracy or fraudulent activity involved in this.
How long will it take file a suit ? I dont want any disturbance on site for few months later on other party will take over sir. What to do ?
It will take at least two to three years for the suit to be disposed, however you can obtain interim injunction restraining the opposite party from interfering in your possession and enjoyment of the property till the disposal of the main suit