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Author Topic: Property law and power of attorney  (Read 992 times)

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Offline jayantsoni8879

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Property law and power of attorney
« on: November 05, 2015, 10:54:07 PM »
My grand father has 3 sons.. My grand father has buy a land in gram panchayat  later in city.My grand father died in 2004.. .so the land got transfeerd (intkal)  to his 3 sons...

The land was purchased  from a man who has a registered  power of attorney  in his favor made by his sister (the owner).. The land was sold by man to my grandfather  40 years ago on the  basis of power of attorney  and registered land deed was carried  out at some  consideration and all legal formalities  were done.. So the land was transferred  (intkal) in name of my grandfather  and later on my father  and  uncle's  name...

Now a new person appear as legal hier (son) of that women and filed a legal appeal in court of SDM.. Versus gram panchayat  and ours that how transfer  (intkal) was made in favor of my grandfather  and his sons.. And object power of attorney and sale deed..  Bcz the land was now in city and become  costly...
The notice came last day...  What we have do... Plzz suggest... Is case is totally  favour in of us... Can a person  can challenge 40 to 45 year back power of attorney  and sale deed...  What action can we take..

Offline adv.amarnath

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Re: Property law and power of attorney
« Reply #1 on: November 07, 2015, 08:52:20 AM »
If its is a notice from a court to appear in case then you must appear in that case and defend it till it gets dismissed. As per your statement I felt that case will be in your favour.

Fore further clarifications and consultation in details, you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Advocate M.Bhadra

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Re: Property law and power of attorney
« Reply #2 on: November 07, 2015, 09:17:38 AM »
In the instant case mother can sell her property during her life time, son has no right before her death. So if the said son has filed a suit then you can file a Written Statement to objected as per Hindu Succession.Merit of the case is balance in your favour.


M.Bhadra, advocate at Kolkata,9836589246

Offline jayantsoni8879

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Re: Property law and power of attorney
« Reply #3 on: November 07, 2015, 08:47:09 PM »
Sorry sir it was mistake.. I got real  papers now.. The real  scenario is like this..
My grandfather has purchased a agricultural land in 1975.
The real story is that the land was owned by raj devi w/o sunder singh. To sell her land she registered a power of attorney in favor of his husband sunder singh in 1967 and his husband sell his land to abhijeet singh in 1967 on basis of that registered power of attorney and done all legal formalities signed in presence of witnesses. Then In 1975 abhijeet singh sell this land to my grandfather and all legal formalities were done in presence of witness. All transactions were done at some consideration.
Now the case is that sons and daughters of sunder singh and rajdevi filled a appeal in court of SDM that their father sunder singh got died in 1964 so how land can be sold to abhijeet singh in 1967. They made a death certificate 15 days before stating sunder singh died in 1964 by affidavit falsely..
now they objected the land was falesly made in name of abhijeet singh and afterwards the land sold to my grandfather  was automatically false.. The person who sell land was not sunder singh.. They want their  land..
I know the person doing these are doing for greed.. Bcz land is in city now.. All the transaction  were true and legal.. Their father sunder singh has sold land to abhijeet  singh and later to my grandfather..
So can anyone help  me out..
How can we make our answer  according to acts and laws..
What is validity of death certificate produced 15 days back of a person died in 1964..is it a legal evidence for them..
How can we make our case strong... Plzz help me..
We can't  do a cheaters and fraudulent  win..

Offline adv.amarnath

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Re: Property law and power of attorney
« Reply #4 on: November 07, 2015, 10:22:49 PM »
It will be better for me to give you proper advice only after verifying and go through the all papers and documents in this respect.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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