Can previous owner claim property again using illiteracy as ground
21-Aug-2023 (In Property Law)
I have purchased flat in Uttam Nagar Delhi in July 2013. The owner executed a notarised irrevokable General Power of Attorney and signed the Agreement to Sale and Purchase having a stamp duty of rs 50 on GPA and Rs 10 on Sale Agreement without going to sub registrar office since she was my relative I had not pressurised her to appear in front of sub registrar. Then in 2015 when I confronted her and told her that i want to sell the property and asked her for appearing in subregistrar office , she refused. After that my lawyer suggested me to sell the property without any fear. Then in 2015, I have registered the flat in the name of third party (my wife and my sister jointly) at subregistrar office. Then the third party rented the said flat for almost 1.5 years. Recently(in july 2018) what we have found is that the owner has locked our flat with their own lock over my lock and filed a court case claiming be to rightful owner and said that she is uneducated and had signed unknowingly. What shall we do?
As i understand, the owner must have filed a civil suit for possession of the flat, declaration that the GPA and the Agreement to Sell be declared null and void and she be declared the owner of the house. The court would or must have issued notice on the suit so filed by the owner. You will need to file your written statement raising appropriate defences to assert your title over the flat within the prescribed limitation period.
The fact that the documents executed between you and the owner are not registered is problematic.
The fact that the documents executed between you and the owner are not registered is problematic.
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Dear Client
First of all, you have to appear in the court case and defend yourself. Before that in case you do not have a stay order against you try to change the lock and get an FIR registered in the erstwhile owner's name saying for cheating, fraud and illegally changing the locks, house trespass etc. Infact, the moment you saw changed locks you should have done the FIR. However, I am wondering how you could further sell your property without doing a proper sale deed in the first place. You should call or make an appointment for a meeting. Thereafter we can explore appropriate options. You can also file a cross suit seeking injunction against the owner. Like i said detailed perusal of your documents will help figure out the strategy better.
First of all, you have to appear in the court case and defend yourself. Before that in case you do not have a stay order against you try to change the lock and get an FIR registered in the erstwhile owner's name saying for cheating, fraud and illegally changing the locks, house trespass etc. Infact, the moment you saw changed locks you should have done the FIR. However, I am wondering how you could further sell your property without doing a proper sale deed in the first place. You should call or make an appointment for a meeting. Thereafter we can explore appropriate options. You can also file a cross suit seeking injunction against the owner. Like i said detailed perusal of your documents will help figure out the strategy better.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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