DECLARATION OF OWNERSHIP OF AGRICULUTURAL LANDS IN PONDICHERRY

570 votes

Since the title stood in your individual name and the property was not shown to have become partnership property merely because it was purchased during the partnership, the validity and scope of the alleged sale through the Power of Attorney will have to be examined from the title documents, partnership deed, dissolution deed and the GPA. Your 2009 suit and the decree declaring your ownership, followed by the First Appeal and the pending Second Appeal, are highly material. If the property was directly in issue in the pending litigation, Section 52 of the Transfer of Property Act (lis pendens) may also operate against subsequent transfers affecting the rights declared by the Court. � India Code The proposed release deed should not be executed without examining the complete chain of title and the orders in the Second Appeal, as signing a release/confirmation document may have serious consequences for your pending rights and contentions. The subsequent purchasers may seek execution of appropriate documents, but their rights will remain subject to the outcome of the pending proceedings and the validity of the earlier alienation. The limitation aspect must also be examined carefully, particularly because you state that you discovered the transactions only subsequently; Article 65 of the Limitation Act provides a 12-year period for a title-based possession claim, while other reliefs can carry different limitation periods

Advocate Hemalatha Narayanan LawRato