I am from Ahmedabad ,Gujarat.My question is my father bought a tenament in one of the posh areas of ahmedabad some 35 years ago which was bought in name of mother.It was being purchased by my fathers' own earned income and not any inherit asset.Now my elder uncle who is supposed to be an elder brother of my Dad was facing through some bad phase of life some 35 years ago and my father just with an intension to help my uncle and his family gave a shelter to stay in property which is in the name of my mother.But as time spent and uncle's children grown up they were bit greedy to snatch this property from us and one fine day in April 2008 they produced a dummy power of attorney in the name of some third party and executed a sale deed in the name of my aunt i.e. my elder uncles' wife,but we were under faith and trust and didn't check the title of the property but suddenly when we had a doubt of some malpractice is done we checked the revenue records in 2012 and found that they executed a sale deed with the help of POA.Now in Gujarat till august 2008 sale deeds were being executed through only Notarized power of attorneys and it was not required hardly to registered them. We filed a civil suit against them in 2012/13.But it is going so cautiously and we are literally tired also they are freely enjoying their rights of possession.My parents are senior citizen currently and my elder aunt is also senior citizen.We tried our level best to get certified copy of POA from revenue record so that we can prove that the POA is fraud but post our several efforts we could not retrieve records from reveue authorities.Request to advise whether can we fetch records by any means to set the evidence ;from revenue or any other government departments ?how far it seems that the chances in fighting this battle are more bright in our favour since they are enjoying the rights of possession since years.How can we create a pressure so that atleast they can sit for the settlement and we can have some interim monetary benefits?
Asked 8 years ago in Property Law
Religion: Hindu
We understand that in India it is very tough to eliminate somebody if they are enjoying rights of possession and hence two options are left 1.We need to be prepared to fight a loooooooong battle or else 2. To sit across the table for some settlement and to be happy whatever is received but sitting for a settlement also they need to undergo some pressure which they are not at all feeling right now so what other things legally we can do to feel them pressure since we have been known that there can be a time limit issue in filing more civil or criminal case to commit a fraud so is that true that we are not under the spacified time limit?
Asked 8 years ago
What are the ways and means to get the records from revenue records since post our approach to revenue authorities they are replying like they do not maintain the records after 5 years of registration and as far as POA is concerned they are simply saying that there wasn't a hard rule of producing registered POA , Simple notarised POA was only shown and not kept as an attachment when sale deed was executed and so they may not give us copy of the same evenif we do an RTI they may simply give us a revert that "Records are destroyed" hence what to do to find a POA?
Asked 8 years ago