Hello Team , I have asked this question a while back, but I have more clarity on the issue so want to ask this with right details . I have a bought a piece of plot which is currently being in seizure(grab) or "kabza" kind of a situation , so need your help. Here are the details of the case in a chronological order . 1994 - A person A who acquired the property through his father has sold Land of 2 acres through GPA (registered) to person X. Person A had 4 brothers who were all majors 20+ who had not signed the documents. 1999- Person X has sold the above said land through "Sale deed" to a well known developer . 1999-2013 : The developer has developed the land into residential plots and sold to individuals 2018- Jan - I bought this plot from 4th owner through sale deed . 2018-Jun : A case was filed by 4 brothers of A , that they have the share in the land and the sale was illegal etc. against the developer 2019- Sep: The claimants got an interim order , though the developers filed a counter ,but the order copy says no counter filed . Still not sure if there was any gap. 2020-March 26(Lock down) - A few miscreants , disturbed the land boundaries - The moment I came to know I filed a complaint and case registered (FIR). 2020-May: The inspector called both of us and said will speak to developer and asked the miscreants to stop any disturbance 2020-Jun : The miscreants again started nuisance to build a barricade against whole venture of 2 acres ; I managed to bring together all the owners(15) of the plots and the inspector again called both parties and lawyers . We came to know about orders etc during that time of interaction. The order was against developer not to "Alienate" ,but by 2015 all the plots were sold by the developer . The developers' legal advisors are saying they will file counter in high court and say there is nothing to worry . But we as owners have decided to form an association and also fight on our rights as we are the title holders . (The claimants did not make us party while file petition). We also sense that the inspector is colluded with the miscreants. Please help us to know chances of we losing the land and our hard earned money also advise us what should be our approach .
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Builder has committed contempt of court by acting in violation of court orders not to create third party rights
2) you have no clear and marketable title to property
3) you should sue the builder to recover your money with interest
4) indemnity clause in sale deed would protect your interests
1. Form & Register an legal entity (Association /Society) and file a WP in the HC, against the Developer, Miscreants, Police dept., Collector and seek directions to restore property possession to the Association /Society and also restraining orders against the Developer & Miscreants.
2. AFTER above Association /Society can take over Security & Maintenance of the entire property, making fencing, roads, electricity & apply for local Civic amenities & services.
3. As an Association /Society, you derive legal right to file "intervene application" in any on-going pending litigation's and seek directions of the court to hear you out before pronouncing any orders.
You need to proceed the same in HC. The matter will be decided on merits
If you and the other owners were not impleaded as parties to the suit, you all may file an application individually or as a group in the name of the proposed association to implead yourselves as necessary party to the suit under the title:
After your implead petition is allowed by court, you can file a petition under order 39 Rule 4 of CPC to set aside the exparte injunction order granted by court for the reasons you may rely upon.
In addition to this, you may also file another suit for permanent injunction and also for declaration of your title on the basis of the registered sale deed in your side agaisnt the said brothers restraining them from interfering in your possession and enjoyment of the property purchased by you and also to declare your title as legally valid.
You may consult with a advocate on all such further issues as well.
You should file impleading petition in the case between the 4th brother and Developer. If the court allow your petition then file counter to Injunction application filed by 4th brother and try to set aside the exparte injunction order. Also file suit for declaration and permanent injunction against the 4th brother and restraining him from interfering in your possession and enjoyment of the property purchased by you.
Note:
Also check whether the person A has legal right to alienate his father’s property (He has absolute right over the property at the time of Sale and he has any right to execute a POA to X) and how the person A acquired the property through his father (Is it registered deed / or will or any document) . If the answer is favorable to 4th brother if so you have no clear and marketable title over the property
It all depends upon the due diligence done by you at the time of purchasing the property. If you can prove that you had performed due diligence before purchasing the property then you may retain the property. But the builder has sold the property although a stay was operating. This is a very complex case wherein many parties are involved.
You may reach an agreement with the brothers.
There are almost nill chances of you loosing the land.
You can form an association and contest for your rights
Just to clarify ,by the time case was filed by exparte, all the plots were sold by the builder . From my post ,the case was filed in 2018 Jun, all the plots were sold way before that i.e. 2015. Even I purchased my plot before the suit was filed by exparte. The plot was acquired by person A through patta and his name is reflecting in all the Pattas on the land.
In that case there is no contempt of court
builder has to take legal proceedings to set aside exparte order
you can file intervenor application in suit
Dear Sir,
The claim of the claimant is after 12 years and hence they might loose the case finally. But, at the same time your step may be to intervene in the case and put the correct version before the court so that your rights be protected.
For your information, a partition suit can be filed at anytime.
There's no time limit for that.
Since you suspect a fraudulent claim by the plaintiffs, you can challenge the same as per law.
Moreover you are one of the bonafide purchasers.
You can approach court seeking justice because your purchase of this property is genuine.
You don't worry about what their entitlement in the property.
You fight for your rights on the basis of registered sale deed on your name.
Then you need to move with suit for cancellation of that pattas of the same are illegal according to you
File application in court to implead as respondent and developer already sold the plots, stay order is almost null agasint he builder. And don`t be dependent on builder. HIS lawyers are fooling you. Developer already yielded his benefits in the land.
Case is filed in 2018 after 2 decades. You are bonafide purchaser of and suit being abuse of process of court, plaintiff not entitled to relief claimed
That is a very complex situation. Therefore you should fight your case.
1. First of all get the copy of GPA through which sale was made in 1994 and see who was the real owner of land who gave the GPA to Person A.
2. Chances that you will win the case are very vague and depends on the initial GPA and knowledge of 4 brothers about sale of property.
- As per Supreme Court judgement which was passed in the matter of Suraj Lamp & Industries (P) ... versus State Of Haryana & Anr on 11 October, 2011, that a GPA holder cannot claim right over the property , and even a registered GPA is invalid for transfer the property .
- Since , this judgement was passed in 2011 , hence on 2018-Jun : A case was filed by 4 brothers of A , that they have the share in the land and the sale was illegal etc. against the developer.
- But , as per that judgement , Those who had already bought property through GPA before its judgement could use the documents to apply for regularisation of allotments and leases by development authorities."
- Further, "Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act,
- Further " In order to ensure that GPA continues to serve its purpose, the court said its judgement will not affect the validity of sale agreements and powers of attorney executed in genuine transactions. "For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance."
- Further , the court said that a person can enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings. In that connection he can execute an agreement of sale and grant a power of attorney that will allow the developer to further sell the property to prospective purchasers.
- And further , as per law, if the property is self acquired property , then the owner of property is having right to transfer the same to any one , and no one can claim a right over the same, and hence the father of A has given the said property to A , and hence at the time of selling the same , the signature of other brothers were not mandatory legally.
- Since , A person A who acquired the property through his father has sold Land of 2 acres through GPA (registered) to person X , before 2017, hence the said GPA transfer to the builder was valid as per the Suraj lamp judgement.
- Hence further sale of the property to the buyers like you was a valid transaction , and the brothers of Mr A are having no right over the same .
- Further as the said property is using by you since last 18 years , hence also you can claim ownership on the ground of adverse possession as well.
