Seller sold the house to my mother and executed GPA with consideration, agreement of sale, khata all in original handedover in 1982. GPA holder expired in 1992. Sale deed was executed by the GPA holders daughter in the year 1999. Later came to know that the seller has expired in the year 1998 prior to my sister registering the sale deed. Now in 2006 the sellers wife has executed a GPA to X and has sold the property and registered to X. Again X has sold the property to Y in 2011. Since the house is very old. I started demolition of the old house and plan was sanctioned from the competent authority in the year 2013 and started constructing the house. Now Mr Y has brought temporary injunction and my construction work has been stopped. I am in physical possession from 1982 to till date ie 30 years. I have engaged a lawyer to vacate the stay and fight the case.. What is my position. - will i get the stay vacated and will i get the perfect title
Asked in Property Law from Bangalore, Karnataka
Your title is defective since the GPA became invalid on expiry of the seller and the GPA holder.
It is highly unlikely that stay will be vacated as your title to property is defective on account of fact that GPA became invalid after death of holder.