Legal Question in Real Estate Law in India

sir,

you are requested to guide me if we are on the right track or not after going through my query

my mother had purchase a lease hold house 20 years ago detail of documents with sequence of events in brief are as : (here D represents my mother)

1) A sold house to B through registered will, GPA to B, and SPA to C (spouse of B) with mentioning the power to sell also.

2) B sold it D through unregistered/undated handwritten will, agreement to sell between B and D, also agreement to sell jointly between B&C and D before death of A

3) A dies

4) B dies

5) we came to know about registration being carried out for lease hold houses estate office turn down stating to contact legal hires of A (they are greedy) also legal hires of B not cooperating forced to file suit for declaration for adverse possesion, all documents shown in court but with no attesting witness as per advise of lawyer, legal hires of A opposed

6) judge dismisses claim of adverse possession stating all conditions satified except it is permissive on basis of agreement to sell between B and D, judge mentioned about not producing attedting witnesses for both will

7) appeal filed in lower court stating A/legal hires of A are paper owners and not B and agreement is between B and D

query:

1) will the appeal meet same fate

2) should attesting witnesses be produced

3) can option of will from to A to B and then from B to D be pleaded in same case on basis of witnesses

4) "A" HAD GIVEN SPA TO "C" mentioning to sell and receive consideration amount

"C" HAD COME INTO AGREEMENT TO SELL JOINTLY "B&C" WITH "D" while "A" was alive.

5) does appeal filed in lower court stating A/legal hires of A are paper owners and not B and agreement is between B and D still holds

WHAT IS THE BEST POSSIBLE OPTION /SUITABLE PATH WE SHOULD FOLLOW TO WINN THIS CASE

OR

SHOULD WE COMPROMISE WITH GREEDY LEGAL HIRES OF "A"


Asked on 5/13/13, 7:47 am

2 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

It al depends on the language of the documents. To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/14513

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Answered on 5/13/13, 11:29 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you need to seek legal help in person.

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Answered on 5/14/13, 1:39 am


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