Legal Question in Civil Rights Law in India

Hello,

We purchased a DC converted plot in one of areas of Bangalore two years back.

This land we purchases had clear documents viz,

1.Valid GPA from the first owners to a third party

2. DC conversion certificate of the whole layout from agricultural to non-agicultural land

3. "No plans of development" certificate from the Government body

4. Clear legal papers (sale deed/property tax etc) from the first to the previous owners (we are 4th owners)

5."A" Khata for the land purchased.

After completion of this project now, a party claiming to be legal heir of the original owners (who gave GPA to third party; Original owners were a mother and daughter) . party claims to be adopted kin of the owner and is claiming rights over the whole area/property and has filed a case.

How can we defend ourselves from this case. Request to please advise.


Asked on 7/24/13, 4:45 am

2 Answers from Attorneys
uttam Tibrewal

dear client.............

Need to go through the documents...............

HOw can GPA given to third person..................??? whats document does the person who says he is a legal owner have with him.............??? mail me at [email protected]

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Answered on 7/24/13, 4:58 am
Fca Prashant Chavan Expert Edge LLP

24.07.2013

Dear Sir / Madam,

There are High Court and Supreme Court case laws to prove that an adopted heir cannot subsequently claim legal rights in the property of the owners. If the mother and daughter are the sole surviving members of the "family" who are legally entitled to deal with the property, have signed the Power of Attorney (POA) in favour of the third party purchaser (second owner) from whom the third owner has purchased the property, the case will not hold ground in the Court. You should take a position in the Court that the blood related family members (mother and daughter) who signed and issued the POA are legally responsible to have taken care of their adopted kin.

Regards,

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Answered on 7/24/13, 9:10 am


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