Illegal occupation of land
3 years ago
Agriculture land is in joint name of two sisters A and B (both dead now). I am son of Sister A. Sister B has no immediate hiers and executed a notorized GPA in 2010 to a third party Mr. X for this land. That Mr. X executed a registred 'Agreement to sale' with Mr. Y who claims he paid 30 lacs for the same. There was no sale deed executed as at that time there was a ongoing case and stay order (till 2014) from court on sale of this land at that time (that case was between me and Sister B challenging Sister B's title on this land since as per registred WILL executed by her mother, Sister A had 100% title of this land. The case was withdrawn after death of Sister B in 2014 as she didn't have an hiers). Now Mr. Y is claiming he has 50% ownership on the land and blocking all attempts to put my name (and remove Sister Bs name) from the land records. He has also taken possession of the land claiming the agreement to sale allows his possession.
Note that the GPA is only notorized (not registered) but was executed prior to Supreme court verdict in 2011.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the sale deed was not executed, Mr. Y can not claim the possession, however, in this circumstance, you can file a case against Mr. Y.
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You can institute a case against Mr. Y, as, if the sale deed is not executed, the concerned person cannot claim possession.
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