indian civil court matter
Posted in civil law over 3 years ago, 2 replies
Now our problem is that we lost a registry and with it original copy of power of Attorney holder in 2005,for which we gave advertisement in newspaper and filed a report at police station for lost.,after getting knowledge of lost of Power of attorney by us,seller started trying to sale the property ,they also got benefit of their name in land revenue records.They also got benefit of demise of P.A.Holder.Now they are refusing the Registries ,according to them they shifted to Jodhpur in time of registry and still stay there,although there brothers etc live very near to us and they are only trying to dispose the property to some land mafia.They also got removed our name from Land Revenue Record of the first plot,by illlegal manner,without getting cancel our order of name transfer in Land revenue record done by us in yr.1985. Now the whole property is in their name in Land Revenue records.
We have other documents such as-1>Seller own original registries which was got done by them in 1965-66 and which was given by them at time of regestries of properties.
2>original map and other documents of the properties of seller ,got issued by them in 1967 by muncipal dept for construction of residential building.
We are in totally possession of both the properties.
We submitted our both registries copy in a case in civil court
against their Relatives who stay here in year 2003-04.
I want to know what is the time limit to challenge a Registerd Documents.,even when they do not have possession actually,they dont have their own registries,which is also with us .
Our name is in land Revenue Record of one plot as per our original Records,truely certified by authorities.
What best I can do,we have filled Title deed Suit and filed App.for granting Status Quo so that land mafias cannot take forcefully posessions from us.
In court they first not accepted all the notices served to them in their Jodhpur and Local address ,later on court published a advertisement in newspaper at Jodhpur,then also they not appeared in court and became Ex-parte and appeared at the time of judgement and became party and now they gave a power to their Local Relative of only one property,and Power Attorney holder of them is challenging whole property-both and pleading that they never issued any power in 1979 for selling the property to anyone .For Residential property where we are staying for about 30 yrs they are saying that they gave us to leave in the building on oral licence to stay in building due to their uncle relation with us and now they are revoking the oral licence to stay<mokhik> and for second property they are saying in court that it is in their possession,where as we submitted atleast 45 documents in relation to both the properties ,including various police reports,FIR against unknown peoples who use to come in our property for making it empty and done serious injuries to our security guards staying in the property.We filed several complaints against them and seller for our and guards safety who are in the factory with open plot.
I also want to know about the power of attorney given to their relative by seller now to fight in our case-that can they now change the power and can get power of whole property and again make the case lenghty.
please help us,we will be highly oblidge.</mokhik>
submitted by sanjay chandak in india
Property which was gifted to was under litigation( father brother have filed a case saying it belongs to joint family & to be equaly distributed to all the 5 brothers in 1995.
now since the gift deed is registered after 1995,will the un valid ie null & void OR it is valid till the judgement is given from the court.