Irrevocable general power of attorney
my father purchased 1000sq yard plot in his cousin's name in 1985 after that same property transfered on my mother's name in 2006 through irrevocable gpa with consideration. now the problem is we have not registered our name in mutation due to gpa they want sale deed for that and in mutation the main owner name was registered from whom we purchased plot on irrevocable gpa later mutation came on his son's name and they sold the same plot to other personin 2009 showing their name in mutation and they are 3 son's 2 have sold their share and 1 has not i want to know the procedure how i can cancel their mutation in revenue records.. and get my mother's name registered.. and also tell me there will some problem for me according to supreme court order against gpa..thanks
Asked in Property Law from New Delhi, Delhi
you have to file criminal complaint of cheating , criminal breach of trust against seller . if he had sold property to your cousin in 1985 how can his son sell the same to others persons in 2009 . you will also have to move civil court for setting aside sale made by son .
it is necessary to go through various agreements entered into between parties to advise . contact a local lawyer
the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documents The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act,"
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
Once the property had been sold to your father's cousin in 1985 the latter had become the legal owner thereof, which could not have been sold to anybody else till the time your father's cousin did not relinquish his rights in it. The sale of a property by someone who does not have the right to sell the same is cheating in law. You can file a case for cheating and forgery. In addition to this you need to move the court of District Civil Judge for nullifying the subsequent sale.
Contact a lawyer so that he can peruse all the documents related to the property and chalk out the further legal recourse for you.
main owner had sell his plot to my dad's cousin on irrecovable gpa with consideration, agreement to sell documents were made between them in 1985. sale deed can also be an issue in this or not..and later after main owner death his mutation came on his 3 sons name then 2 out of 3 sold their share to some other person through showing mutation on their names and registered sale-deed on their name..so sir in this case irrecovable gpa with consideration is fine against their sale-deed.. bcoz i have heard through someone that supreme court has ordered no transcations through gpa.. so sir is their can be any problem for me or not .. thanks
Asked 3 years ago
your dad cousin ought to have registered sale deed for property . the mistake he made was purchase of property on GPA .
as already advised you have to move court for setting aside sale deed by legal heirs . Sc has said as already explained to you that sale through GPA will not give ownership title to buyer . if property is in your possession you can defend possession .or file suit for specific performance