• Sale deeds executed through unregistered GPA

Four sale deeds are registered through an unregistered GPA dated in year 1986.

Unregistered GPA is done to two persons MR. A and Mrs.B in year 1986 through their family members and I dont know how many family members have signed in unregistered GPA . 

But four sale deeds are executed through an unregistered GPA in same year 1986 only. 

And now they are claiming that the property is theirs as they are having sale deeds much older than mine and how should I get right perfect on my property. 

Should I need to cancel the sale deeds, if that is the solution to me, how should I do it and neither of unregistered GPA Holders I knew and one from that GPA Member is dimesed.

Can I cancel that sale deeds with out their intimation for sale deed owners. 

Thanks in advance for your valuable advice's
Asked 7 years ago in Civil Law

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4 Answers

1. If sale deeds are validly executed then earler owner gets preference than the later one.

2. In 1986 unregistered GPA was valid.

3.However since you are the bona fide owner without notice of the earlier sale you have right to be properly compensated.

4. So either you can file suit to declare your title clean or claim for damages from your seller if you do not get the proeprty.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

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1) in 1986 registration of POA was optional

2) take search in sub registrar office and obtain copies of sale deed

3) if they had purchased property by regsitered sale deed prior to your pruchase then they would have strong prima facie case

4) unilateral cancellation of sale deed is not possible . you need court orders in this regard

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

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1. GPA is required to be mandatorily registered, failing which it cannot confer the authority to execute the sale deed, save any special law in this regard that may have been enacted by the competent legislature of the state.

2. If they are claiming to have a title better than your title then let them file a suit for declaration of title in the civil court which you can contest.

3. To preempt any adverse ex parte order you may file a caveat.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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The registered sale deed executed in the year 1986 if found to be genuine then the subsequent registered sale deed in your name shall not be valid, however you can file a suit for declaration of title on the basis of the documents held in your possession.

The question of unregistered or registered deed does not arise because it was not mandatory during 1986 for the GPA deed to be a registered document for executing a registered sale deed by the power agent on behalf of his principal. You may verify the genuineness of the documents through a local lawyer before planning any legal action on the subject.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

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