Dear Concerned,
Please help me with your advice on the following property issue.
After partition of India my Grandparents came to Delhi from Lahor. My grandfather had bought two flats T-11(ground floor) & T-12(first floor) in refugee colony and the same were allotted to him by L&DO(Ministry of Home Affairs of Govt. India) on his name in middle of 1950s. He had made full payment as 25% by cash and 75% from the claim received against his Property in Pakistan. My Grandfather also got the Lease & Conveyance Deed registered on his name in the year of 1963.
Later on, due to his health issue(half body paralysis) and some financial crises, my Grandfather was forced to mortgage both the flats to his friend “A” for Rs. 900/-. No agreement had been made for this mortgage. It was all on mutual understanding.
As my Grandfather was bed ridden and could not able to move. “A” took over the ownership of both the flats by saying himself the “General Power of Attorney”. Whereas, my Grandfather had not given any power of attorney to anyone. “A” has a General Power of Attorney which is not signed by my Grandfather. In fact it has no sign at all. But somehow “A” had managed to get the further sale deeds registered for T-11(ground floor) in favor of his brother “B” and T-12(first floor) in favor of his Sister-in-law(brother “C”’s wife). Also there are further transfers of property within the family to make a long paper trail and now “B”’s family holds the ownership of both the flats in the records of L&DO and Municipal Corporation.
My Father did not file any case against them due to shortage of resources and family responsibilities. I got to know all this now from my Father. My Father also showed me some old letters came from Govt. bodies and relatives on the same address(T-11 & T-12).
I started inquiring about the facts and filed an RTI to get the details but both the owners have refused to give the information to me.
I want to know the possibilities and the favorable points for me to pursue the legal case against them.
Please address the following queries too:
1. Being the grandson, can I claim the flats(property of my Grandfather) in the court?
2. What are the possibilities of favorable judgement for me by from the court?
3. If there is no sign on General Power of Attorney, is it valid to get the further sale deed registered?
Please advise me and show me the right path for going forward.
Warm Regards,
Jatin Sharma
Asked 8 years ago in Property Law
Religion: Hindu
Dear Sir,
Thanks for Replying..!!
1. My father discovered the fraud few months back when He spoke to a common friend(neighbor of A) who claimed to have seen the POA which is not signed by my Grandfather but its registered.
2. As I mentioned in my first query that, our financial condition was not in the state of pursuing for legal case.
Please advise me, how to go forward in this case.
Warm Regards,
Jatin
Asked 8 years ago
