Obtain certified copy of court order
ask partner to furnish copy of court orders passed
also seek details of settlement done
EC still on my fathers name, do I have right to fight
Namaste, I’m the only daughter of my parents , my father purchased a land in 2003 My father expired In 2006 ,, the land which he had purchased was under some case so my mother gave a GPA to fight against the property to my fathers business partner who is also having Land beside my fathers property. In 2019 my mother also expired so my fathers partner is saying that we have defeated the case , I have done settlement to that case. So you don’t have any right over that property I have purchased the whole property. Till date Encumbrance certificate is on my fathers name which I have searched... Do I have the right to fight ?
Asked 4 years ago in Property Law
Religion: Hindu
8 Answers
Sir ,,, the same case which we got defeated for which mother gave GPA my neighbor is saying that there would be registration of property on his name. He got my sign on copy of GPA backside that settlement was done for some amount. If we got defeated why is my neighbor asking Registation of that property?
Asked 4 years ago
After getting defeated you need to only abide is court orders
Object to registration of property in neighbour name
send notice seeking copy of court order passed , terms of settlement with neighbour
Hi
1) It appears that your father's partner is playing fraud on you
2) You should ask for the order and decree of the court case(which your father friend claims has been lost).
3) If not , you can get the court order and decree from the court itself and file an appeal as you are the legal heir of your father.
4) Also, the GPA is no longer valid(given that your mother died) and hence you do not need to register the property also
Hope this information is useful.
- As per law , after the death of your parents , the said property would be devolved upon you only being the single legal heir.
- Further the said GPA was given to the said business partner for contesting the case on behalf of your father ,and one cannot transfer the property in his name on the ground of that GPA.
- Further , it seems that the said partner is trying to misguide you , hence you should approach the said court for knowing the reality of the case .
- Further , if your parents have lost the case , then question of registration not arise.
You can contact me for further suggestion , if needed. or mail [deleted]
You obtain all the relevant case papers and the proeprty documents from the so called neighbor or friend of your father, produce them before an experiences and skilled lawyer in the local.
Discuss the subject matter at length and understand the law involved in it as well as the present status of the proeprty including understanding the judgment that was reportedly given against you and whether there are any chances to prefer an appeal against the aggrieved decision.
You can take a decision after this consultation.
The GPA is not valid and stands automatically cancelled upon the death of the principal.
Without knowing the case details i.e., who filed the case and for what relief and what was the judgment pronounced by court, no opinion can be rendered on the basis of your incomplete and irrelevant contents.
Whether you sign on the backside of the GPA or any other document, if you don't remember that what for signed the document or what purpose it solved or created any legal consequence by your signature, you cannot get any proper opinion to your query hence you were advised to consult a local advocate with the relevant papers and obtain an opinion in person.
There are several other matters that may require to be studied before a conclusive opinion may be arrived at. Consultation advised.
