P1 had purchased a revenue site from landlord in Bangalore for their daughter using their son-in-law money since their daughter's husband was posted out of Karnataka in Indian Army in the year 1982. As neither the daughter nor the husband was present at the time of registration, P1 had purchased the site under their name using their son-in-law money. The landlord had made P1 as GPA and provided even the indenture of agreement of sale deed with balance of sale consideration to be paid at the time of registration of regular sale deed (not paid until this date). P1 gave the site's paper in the name of their daughter in the form of unregistered GPA in the year 1993. P1 expired. The landlord expired in the year 1998. The landlord's sons and daughters applied to lok adalat for division of property stating that they were minors when their father sold the land property and got a judgment in the year 2003 and has claimed on the sites that were already built stating as unauthorized construction. Unaware of all these advances, daughter made an absolute sale deed to her husband under mutual understanding in the year 2013 in order to avail loan from the bank as the family had a plan to build a house. After this, the landlord's son has sold our vacant site to another person in the year 2014. Now the new person who tells that he has purchased the site from the landlord's son has filed permanent injunction case against us. Please suggest how to move about this property case, how many days it would take to resolve the matter, what is the approximate cost to deal with this case and how to get the landlord's son address. Thanks in advance.
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Under what sections can this property be made free of permanent injunction.
Sir the suit needs to be contested on the ground of amount paid and the power of attorney given . Further if the land was self acquired children has no right on the same. Further you can file cross objection on same claiming your right over the said land
You need to pay the legal fee and the civil suit can take 5-10 years to settle.
If an injunction suit has been filed then you may contact your lawyer and file vakalat to enter appearance in the case .
After that you can fight properly the case on the basis and support of the documentary evidences in your possession.
You have to challenge their injunction suit and may rely upon any other document that will support your pleadings and defence.
1) suit would take 15 years to be disposed of
2) you don’t have clear and marketable title to the property
3) there is no registered sale deed executed in favour of PI
4) only GPA executed in favour of P1
5) P1 could not have executed further POA in favour of daughter
6) in favour of children of deceased seller court has passed orders for partition of property in 2003
7) no appeal has been filed against said order
8) it is necessary to peruse documents cited by you to advice further
You need to contest the case. Appoint a civil lawyer. The duration of civil case can't be specified. Except official court fees which will be negligible, the lawyer fees varies from lawyer to lawyer can't be specified
it is not maintainable for mere injunction. file appliction Under order 07 rule 11 C P C. it will be dismissed on technical grounds.
1, no lawyer can predict when this suit will be resolved and how much expenses will have to be incurred for the same
2. it is impossible to tell how you can find the landlord's son's address
3. you will have to prove that the property sold to P1 was a self acquired property and not an ancestral property and thus the original owner's children cannot challenge the sale on attaining majority
