1, agricultural land purchased by my late father in year 1962 2, father died on 8.5.1981 and no will was made by my father. 3, my father have 2 daughter and 3 sons and wife 3, on 2011 we 3 brothers and my mother got settled the property matter with mutual agremeents and got reg a gpa. signed by my mother, and two brother. 4, but my 2 sisters signature are not there. however, it was done with there consent. 5, again on 2015 i entered and gpa with another persons to sell little land as site. gpa reg. this gpa is not signed by my son or daughter they are major 6, this person did not paid any money and he cheated me. by registering some site to other and remaining parts he got registered in his own name. 7, we filed objecteing in thasildar and it was favoured to him, stating that he has paid registration charges. now again we have again field objection with assistant commissionor. 8, please help me with you valued advise to get proection from the court
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1) file police complaint under section 406, 420 of IPC against GPA holder for criminal breach of trust and cheating as sale consideration was not paid to you
2) also revoke GPA by issue of public notice
3) inform holder that GPA has been revoked
4) also file suit to set aside registration of property done by holder in his name and that of third party as no sale consideration was paid to you
5) contact a local lawyer
Thank you for your quick reply we have revoked the GPA and also issued public notice and also to him. my local lawayer is telling me that i have already give all the rights to him without mentioning the sale price, as such he is not giving me clear picture to me as how to process with the court Please kindly guide me further.
Was GPA registered ?
For sale of property by holder registration is mandatory
Take legal proceedings as advised earlier
The objections with the Tahsildar or the revenue department will not fetch you the solution to this.
Firstly what was ther terms on the basis of GPA was given to him?
He cannot register the property on his name without passing the sale consideration amount neither he can sell the properties to third person if ther was no sale consideration amount was given to owner.
There is something missing in your statement, you can be more clear while posting the questions.
Actually a GPA holder cannot give GPA again to another person.
There are lot of ambiguities in your transactions.
Your sisters should have executed the relinquishment deed by a registered document which is missing. Their oral consent is not enough as per law.
The objection before Assistant commissioner is also not a correct step to be adopted in this.
If the GPA has cheated then the remedy is with the police complaint. In the criminal complaint, the GPA will run to you to settle the issue or else you could have filed a recovery of possession of property before a civil court.
You can consult a local advocate having experience in these matters and take his advise for proceeding properly in this matter if you are really interested in getting as proper relief and remedy to this issue.
we have revoked the GPA and also issued public notice and also to him.
my local lawayer is telling me that i have already give all the rights to him without mentioning the sale price, as such he is not giving me clear picture to me as how to process with the court
Please kindly guide me further.
This GPA, if was a registered document cannot be revoked by giving a notice, a cancellation deed has to be registered with the registrar's office along with the GPA agent's consent and signature.
"In case you forget to mention when and under what circumstances your power of attorney can be revoked, and if the power of attorney does not state it is irrevocable, then the power of attorney can be revoked if you execute a document cancelling it. Additionally, you should put a public notice in the newspaper stating that your power of attorney has been revoked. If your power of attorney was registered , then you need a registered deed of cancellation. A power of attorney can be made irrevocable if it is given with due consideration and if it specifically mentions that it is irrevocable.
1. sale of property is a contract, if buyer did not paid consideration so as to cheat the owner then owner has right to rescind the agreement of sale (GPA).
2. you should file a civil suit for cancellation of agreement and claim special damages under specific relief act.
3. tehsildar's stand is wrong and deed cannot be executed without paying whole consideration. gracious deed is void under section 25 contract act.
