Land dispute
3 years ago
My grandfather self acquired property s abt 50 cents. After the demise of my grandfather , my grandmother gave power of attorney for 29 cents to person 'X' in 1992. At that time my father and 3 of my uncle's are major. In 2008 'X' executed sale deed with power of attorney gave by my grandmother. 2 of my uncle's expired in 2007. For that 29 cents we have given a comon way about 6 cents. But now 'X' has built a gate in that 6 cents and has also occupied that land. Another 4 cents is also under possession of him. 'X' claims he wil also claim 4 cents by adverse possession. My grandmother and one of my uncle are in support of 'X'. My questions are
**** Is power of attorney given by my grandmother valid because she is not the only legal heir to the property and also I came to know POA wil not be valid even if one legal heir expired. Then how come sale deed was executed. It has been more than 12 years can I file a suit now?
***** Common way for 6 cents occupied by 'X' is there any way of demolishing gate and regain our açcess?
***** 4 cents possessed by 'X' is the re any way to recover this??
Pls reply as my legal proceedings wil be based on legal answers
If you grandmother was not the sole legal owner of the property, then the PoA given by her would be invalid. File a complaint against X for cheating and fraud under Sections 415 and 420 IPC.
File a suit for declaration of title accompanied by an application for condonation of delay.
You can also approach the Court to grant an injunction or stay order to prevent X from further alienating your rights over the property.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
If your grandmother was not the sole legal owner of the property, then the power of attorney would be invalid as the consent of your father and uncles would have also been required. As such, any claims of adverse possession would be fraudulent and would not be able to claim protection under the law.
You can still file a suit, but it will need to be accompanied by an application for condonation of delay.
You should file a suit for declaration of title of the property, as you are the legal heirs.
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