• GPA and Sales

Respected sir/mam. 

I am raju from telangana,
Regarding : - “General power of attorney” and sale deeds (with the link of Resisted GPA)

There are three(A,B,C) combined (No partition made)pattadar’s in aggriculture land syno. 452.

In 1995, A ,D(s/o of late B ) ,EF(s/o of late C) four members (ADEF ) together given land syno. 452 (no partition made total property Ac.1-29) Registered GPA to me and one more person within single document and executed. IN 1995 we developed and sold out property through sale deeds with the link GPA and paid money to D his share.we have cash receipts.

Now in 2017 P(age 38 ), Q(age 36) (PQ S/O of D.)are raised a issue that GPA is not valid .that is our grandfather's property. We want our legal share In that sy.no property and they acted smart file a case in district family court on D and D’s (3)Daughters,(2) Gpa holders ,and (8) buyers. total 13 members. OS no.12/2017 and got ad-interim injunction order not to transfer the property .(Actually their is no land or possession for D and his daughters ) they send court notices for all the open land buyers and GPA holders. At the time of GPA-1995. PQ are minors they are now majors. We asked D you took money from me then what is this ?.they are not replying. Wantedly D and his family members are suffering GPA Holders and buyers. they have criminal back round ,so we are scared of them. 
1.	Is their any previous judgements which supports to Us?
2.	Is that GPA Valid? Sale deeds valid ?
3.	Is P ,Q gets any rights on land in sy.no. ?
4.	Is D and his Family(6) gets any rights?
5. buyers are possesion and took LRS ..shall buyers can make a constuction at open lands ?
6. Tell me some important points then we will teach a good lesson to D and His falimy.

Thank you Sir/Mam.

Regards.
Raju.B
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

the GPA is valid

2) PQ do not have right on land as it is not ancestral property

3)buyer can carry on construction if no stay order passed by court

4) since D has received full consideration for his share his legal heirs cannot claim share in said property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Do not run after judgments as every judgment is peculiar to the facts and circumstances of the case in which it is delivered.

2. A GPA requires mandatory registration. The person executing the GPA must have the authority to execute it i.e he should either be the title holder or someone who has authority on behalf of title holder.

3. Consult a lawyer with complete documents and suit papers for concrete advise. The ad-interim injunction order can be challenged.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The claim by D or P and Q at this stage is not maintainable because they do not have any rights over the property which has already been sold and D had received the sale consideration amount too.

The GPA and sale deeds are very much valid.

Neither P and Q nor D have any rights in the property now.

The buyers can very well proceed with the construction especially if there are no court order restricting them from proceeding with it.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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