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Author Topic: misuse 0f sec 104 of transfer of property act in a clear case of sale  (Read 54 times)

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Offline kiwifigo

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 My father bought a property 35 years ago in delhi , poa dcuments,
power of attorney, affidavit to support poa, will , and sale agreement. now the grandson has sent notice under sec 106 of transfer of property act , that no sale happened and an oral lease was done .what do we do now ?our father is no longer with us and so is the case with previous owner and his son also. it has already been year in district court .and our lawyer tells us he that as he is a lawyer he will appoa
ch the higher court soon. as the property is in unauthorised colony, now legal. it never got registered. we always planned to whenever the govt would open rules for it and now this. the property has always been in our possession since 1984. how can we get out of this fraud case as soon as possible. to show his side he quotes a new poa done in 2005 cancelling the one in 1984 . this is gross injustice. how can somebody stand up after so many years to harass us like this. what kind of legal remedy is open to us.

Offline adv.amarnath

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Re: misuse 0f sec 104 of transfer of property act in a clear case of sale
« Reply #1 on: November 21, 2016, 11:42:16 AM »
It appears from your post that you have a weak case as no where you have said that your father had registered the property in his name by virtue of Deed of Conveyance. One advantage you have that is possession. To some extend you can take advantage of long possession uninterruptedly. You have option to defend yourself by the Law of Adverse Possession.


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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