• Relief from court

As in my case i have prayed to court for permanent injuction as i purchased 1000 sq yard plot from 3 person's 1 son and his 2 sister's which is 333 sq yards each and they are absolute owner of that plot and their names are indicated in mutation in revenue records in 1985 we purchased that plot on gpa, sale agreement , affidavit , and consideration amount reciept. on my father's cousin name who was residing in same place where plot was located later in 2006 same plot was transfered on my mother's name through registered gpa with consideration amount receipt and possession was with us till now . in year 2009 we came to know that this property is sold to other person by first owner"s sons through sale-deed as their names are mutated after their father's death.. so out of 3 son's 2 have sold their share... and one son has given us in written that this plot belongs to us.. in this whole scenario who can win the case.. as first gpa was done in 1985 by first owner and second gpa was done in 2006 and later in 2009 sale deed by first owner sons knowing i m the owner and i m still on possession of the plot..sir in whose favour court can decide as per you....thanx
Asked 2 years ago in Property Law from New Delhi, Delhi
First you told that the original owner had one son and 2 sisters.  Later you told that out of 3 sons two have sold. Please clarify. Then I will give my opinion.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Your question ''in this whole scenario who can win the case'' is very hypothetical as it ignores the fact that uncertainty of result is the the fountain head of a legal proceeding. 

What can be safely said is that law is on your side in as much as you had purchased the plot. Once the plot had been sold to you it could not have been resold by any one except by you as you became the owner of plot after it was sold to you. Hence, the subsequent sale of plot is illegal.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You need to provide complete details for proper advice,then only i can guide you.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) in 1985 you have purchased the plot by registered sale agreement from 3 sellers . 

2) in 2006 said plot was transferred in your mother name . 

3) your mother is in absolute possession of said plot . 

4) it appears in 2009 legal heirs of 2 sellers have sold plots to third parties . 

5) the subsequent sale of plot by 2 sellers is absolutely illegal . 

6) you have to file declaratory suit that you are absolute owner of said plots and for setting aside sale made by legal heirs . 

7) also file criminal complaint of cheating criminal breach of trust against the said legal heirs .
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
1) he Supreme Court has ruled that sale transactions carried through general power of attorney will have no legal sanctity.

"A transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," it said.

2) both transactions have been through GPA only . 

3) GPA transactions may  be used to obtain specific performance or to defend possession under section 53A of Transfer of Property Act, 1882.

4) since you have already taken legal proceedings to set aside sale deed made by legal heirs of sellers wait for outcome of your case
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Do Not worry ,now you will have to fight on the basis of facts of the case,there is cheating also by the legal heir of the owner,you should have gone for registration of FIR under 156(3) for better result
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
the mutation of property was not in revenue records since you have purchased property through GPA . in absence of sale deed you dont have clear title to the property . you can defend possession in case purchasers file any case against you . file for specific performance against the sellers
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
kindly meet a advocate personally and discuss with him in detail
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your case requires in depth consideration of the entire factual matrix. Consult personally with a lawyer on the payment of his consultancy fee. The winning % cannot be told by any one. It is against legal ethics for a lawyer to foretell the outcome of a legal proceeding.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
we cannot say whether you will win case or not . no one can foretell results of litigation . since you have already filed cases wait for the results
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0
Thank you for appreciation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
you will win case or not , no one can foretell results of litigation
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
5.0 on 5.0

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