Legal Question in Civil Rights Law in India

Hello sir,
My father was allotted a site from BDA in Bangalore and was registered in jan 1994 with a condition from the BDA that he cannot sell the site for a period of ten years from the date of registration. But he expired in jan 1995 and the EC for the said site till 2005 is in my father's name but recently i had applied for the EC for rest of the year now there is a transaction saying that the site is transferred to a third party by a GPA holder in the year 2008. And the GPA holder say's in his document, that he had made a sale agreement with my father and simultaneously had got a GPA from my father in her name in the year 1994 November just two months before my father's death. and having this GPA they have register the property in their relative�s name in 2002 which is not there in the EC but on base of this 2002 registration document they have sold it to a third party in the year 2008. Having these documents they have also transferred the Katha in their name. I had
Q1. In this case is the GPA or the Sale agreement valid even after my father's death? The GPA is not registered but notarised. (We are not aware of this GPA and the sale agreement done by my father nor he had mentioned about this to any of us in the family.)
Q2. Though there is a clause in the sale deed by the BDA to my father that he cannot sale the site for a period of ten years. Will this stand has a valid point to get back the title deed in my name?
Q3. How should I proceed now?
Q4. Should I file a case or can this be sorted with the sub-registrar office and get the transferred done in my name?

Asked on 2/19/10, 1:30 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may have to file a case in the local civil courts claiming ownership and possession of the property.

Answered on 2/19/10, 6:30 am

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