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Author Topic: Property Possession  (Read 1858 times)

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Offline immanuel_w

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Property Possession
« on: July 23, 2015, 07:27:52 PM »
I purchased a residential site in a BDA approved layout in Bangalore from an housing society which was advertised in newspapers and then auctioned by the society, that has been registered and with Sale Deed. When I applied for an A-khata a B-khata application by another party with different set of documents and details claiming to be old landlord of the property gifted from his ancestors. The BBMP not able to clarify the claims and adjudicate issued an endorsement for the dispute to be solved legally in the courts. The opposite party did not go to court but using the endorsement issued he file a caveat so that he should be given notice if any action through the court is taken with regard to any injunctions or eviction is executed by us. Clearly he hold no document that can fundamentally strengthen his case as the property has been legally with due process through the sub registrar office registered in my name. I approached The society to help me sort this but nothing has happened. What is the legal way I can force the society to help me or what is the options if  I wish to proceed on this on my own. Please suggest the way forward and the options I have. 

Offline kphk

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Re: Property Possession
« Reply #1 on: July 30, 2015, 06:35:32 AM »
You have to file for declaration of title in a civil court and for possession of the property. You also need to file for temporary injunction that is mandatory in nature for get possession over the property till the disposal of the dispute. This is actually very tough as court do not usually allow injunctions mandatory in nature. It is be even tougher if the property is under the control of the other person.

Another easier way is to file a writ of mandamus against the BBMP making them adjudicate and issue the required docs. Even if you succeed in this, you need to against approach civil court to get the trespasser evicted.

Offline aasim

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Re: Property Possession
« Reply #2 on: September 28, 2015, 02:27:23 AM »
hii sir..
1st party kempanna and motappa executed registered gpa to fayaz ahmed in 1998..
fayaz ahmed in-turn executed gpa to tanveeer ahmed on 2000..
and we purchsed property through tanveer ahmed by executing the sale deed on 2006..
now on 20 aug we have executed confirmation deed from kempanna and motappa..
we are in possession since 2006..

now rowdy sheers claiming our property that they have got gpa from kempanna & motappa in 1995..and showing some affidavit and sale agreement..

please tell me in whose favour the case will win..?

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