• suggestion regarding a suit property

Respected Sir;
  we purchased a property in the year 1996 from a GPA holder.(the owner of d property is NRI and she got the property as compensation of divorce and gave GPA to her own brother who resides in India) 
 The GPA holder did not turn up for registration hence we approached court.The GPA holder came for medication center and agreed that he has sold the property and took the remaining consideration.the consideration was paid through bank. again he was default  to come and do registration so we again went for appeal and this time court made the registration for us.
  Due to some circumstances during the registration our property was undervalued. 
   In the mean while few people has made duplicate documents on our property and they claim to b theirs. The GPA holder himself has suit against these frauds,recommended for CCB and d suit is still going on.
  After seeing the above circumstances, the original property owner has come down from States and has filed a suit against the GPA holder that she is been cheated and want to cancel the GPA.she filed case in the year 2013.
 Until few days we were not aware of any of these developments and we were just fighting  for our under valued property.
   The GPA holder has no where brought us in the picture.no where told that he has sold the property to us.
 We also have rumors that the GPA holder has made another agreement in the older date than ours.
 In the mean while the KATHA is not in the name of original property owner but restored in her deceased husband.THERE is W.P. im high court to restore the KATHA in original property owner.This suit is also filed by GPA holder. when the property was sold to us KATHA was in the name of property owner itself.
  My question is what is the next step we should take.should we get implead in all the above case. what are the consequences if we don't get impleaded. please help me out.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hi, as from your narration court has executed the sale deed on behalf of the GPA Holder and you become the owner of the property so now original owner has come filed a suit against the GPA holder for cancellation of GPA and it is better you must impaled in the suit filed by the original owner in order to protect your interest.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi, any agreement before execution of GPA is not valid.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hello,
1) By virtue of the registration through the intervention of the court you have become rightful owner of the property. I suppose that the POA was registered and competent to execute the sale in the first place, because the court passed the order on the basis that the sale would have been executed had the the POA been present.
.
2)The Original owner revoking the POA in no way will impeach your right you acquired through the Registered Sale Deed.All the the POA did while the POA was in effect is binding on the principal and can not deny your rights acquired.

3) It is unlikely that the people who did forgery and made duplicate documents would succeed as the POA has already moved against them.The law will take its own course in adjudicating on the forgery committed in separate case and yourrights are not going to be impeached as a result..

4) As far as the sale that the POA has done of the same property at a previous date can pose serious challenge to your title.As a POA he had the right to execute such transfer.You ought to have done a property search before you purchased the land.The search would bring before you clearly the status of the property in terms of title.
You need to proceed with a case of cheating against the POA and the actual owner the principal.

5) Besides all the above do implead youself in all the cases as your interests are at stake as far as the property is concerned.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) it is necessary to peruse various documents cited by you to advice . 

2) since GPA failed to execute registered sake deed inspite of receipt of full payment property has been registered in your name as per court orders . 

3)you are absolute owner of the property . 

4) if any undervaluation has been done in respect of payment of stamp duty agree to pay disputed amount with penalty . 

3) as far as duplicate documents made by some persons are concerned it is your case that GPA has filed suit against those persons . make an application for being added as party in those suit proceedings . 

4) revocation of GPA by principal wont affect your ownership of property as at time of sale GPA was fully authorised to execute sale deeds 

5) take 30 years title search to find out whether GPA has executed any other sale deed prior to sale of property to you . if you find regd sale deed has  been made file case of cheating and criminal breach of trust against GPA and the principal
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Hi,
1. You do not have a reason to worry as you are the absolute owner and the revocation of POA after the registration will not affect your status as an owner, if the contents and writings of the POA ensures the right of execution and transfer of the property. However make sure that the Power of attorney holder has not sold the same property to someone else before your transaction.To ensure your transaction was with a proper title, go for title search of that period of the property from the date of the Power of attorney was executed till your registration 

2. You should join as a party as your rights are questioned and at  , so you are an interested and affected a party.
3. The registered sale agreement or deed  will not be treated illegal just because of under valuation of stamp duty, with penalty you can pay it after a proper adjudication.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. The Court has heard your case in detail alleging that the GPA holder has taken tye consideration but has not registered the sale deed,

2. After hearing all the parties, the ourt has ordered registration of the roperty in your name,

3. You are the absolute owner of the said property,

4. If the actual owner has canceled the GPA executed by her, it will not affect your ownership since it has been registered by court order,

5. You enter in to the suit filed by the GPA holder against the claimant of the property having a duplicate deed, as an intervening party.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
you should collect information like when the duplicate document was prepared, it was made before registration of your deed or not, if it was made after registration of your deed then GPA holder committed fraud because he can't assert and denied one right in the same time.  if it was made before registration then you should collect all evidence which tend to show that you have inquired about the document and there is no fault committed from your side. under valuation of property is different thing and it could be cured by giving additional stamp duty. but existence of two registrations of same property can cause problem for you if it was registered prior to your deed. 
if at the time of your registration there was no other deed then you shall be treated as a sole owner of the property it does not matter that you have taken possession on the property or not. and absolute owner of the property always take good title than any other person of the world. don't worry towards under valuation of property it is another matter it does't affect your title.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0