• Registered GPA - Holder

Hello Sir, 

We have purchased a site in MLA layout Bangalore under the survey number 45/4, we are now being troubled by a registered GPA holder of 45/3 stating that part of our site come under 45/3. 

1. Layout was formed and sites were sold in 1995 and first purchaser of our site has got it registered sale deed through a POA holder of the survey number 45/4. 
2. GPA holder of survey number 45/3 has got a registered GPA(could be for consideration) is now harassing us for money. As close to 50% of the site comes under his Survey number. (Not sure if the person who has given the GPA is still alive)
He is been threatening to take legal action and harassing by not letting us do any thing in that site. 
 
Question - 
1. Does he have the right to claim the money, will it valid if the get the piece of land re-registered from the GPA holder again. 
2. What legal action can i take against my seller.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) file case of cheating against seller if he has sold you part of site that falls under 45/4

2)you can apply to survey officer for carrying out fresh survey of the plots in dispute

3) if your plot of land falls under survey 45/3 then GPA holder can demand you vacate his plot or pay him consideration

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

if GPA is coupled with consideration it does not lapse on death of the principal

2)it is true that GPA has to be converted into sale deed

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

A. First you need to verify the GPA as to whether it was registered or not? And was there any clause to permit alienate/Sale the property?

B. Secondly, whether GPA holder is still alive or not? if GPA executor died that the GPA will be inoperative. However, it has a exception to the General Rule is that if the executor executed a GPA by creating an interest over the property that GPA never become inoperative even the executor died under the Section 202 of the Indian Contract Act. Example: A is the owner, B is the GPA holder for A and B executed a Sale Agreement by receiving advance money from the purchaser, later A dies, but GPA would not end because B already created interest over the property.

C. In case if your 50% property is coming under Sy.No.45/3 as per the legal records, you can file a case against your seller and claim the damages including compensation under the indemnity clause as mentioned in the Sale Deed ( Court will award compensation even if had no indemnity clause).

D. Issue a legal notice to your seller to clear the issue and inform to the owner of Sy.No.45/3 with respect to the same. In addition, make your point under the bonafide purchaser ground and contest the case before the court and don't pay any money to the owner of Sy.No.45/3 unless get clear clarity from your seller.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Question -

1. Does he have the right to claim the money, will it valid if the get the piece of land re-registered from the GPA holder again.

Basically he is a GPA holder and not the original owner, hence yo do not budge to any pressure from his side. Ask him to approach court for any relief and lodge a criminal complaint against him if he is indulging into any illegal act or threatens you with any consequence if you do not agree to his demands.

He cannot register your property on his own without any authority. You may issue him a legal notice instructing him to refrain himself from interfering in yor possession and enjoyment of your property for any reason failing which you can warn him of stern legal action through police and court.

2. What legal action can i take against my seller.

You should first ask him to solve the matter amicably with the opposite property, if he fails to do so, then you may file a legal suit agaisnt your vendor seeking compensation for the cheating activity

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

We were told that GPA holder cannot sell the land after 2011. (Supreme court order- He needs to get his GPA converted to a sale deed). If he needs to make a of any available plots to sale.

Is the registered GPA valid even after the death of the person who has given the right.

Te supreme court judgment should be read carefully and understand the meaning properly.

The apex court has given verdict stating the the GPA deed is not a title document and the power agent cannot claim property on the basis of power granted to him/her.

The GPA deed is not valid after the death of the principal and it will become infructuous automatically ion the death of the principal.

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

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