• GPA signature by cheating

Good morning sir 

Dear sir Since my proffession is real estate dealer in the year 2006 we have purchased a land of 28 guntas in kolar out 1.4 acre land in that 8 guntas land and i have sold to the seller who purchased 28 guntas i have taken a signature from land lord on GPA by cheating him at that time now the land lord came to know about my mistake he his asking me i have not given any GPA to you how can you execute the sale deed ,, iam worried need your help how to go forward
Asked 4 years ago in Property Law
Religion: Muslim

3 answers received in 30 minutes.

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9 Answers

Is the GPA duly notarised ?

2) if GPA is on stamp paper and duly notarised it would be binding on principal

3) in 2006 registration of POA was not mandatory

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

If no such GPA signed by the landowner he would file case of cheating, criminal breach of trust against you under section 406, 420 of IPC

2) also file suit to set aside sale deed executed by you

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Hello,

You may enter into settlement with the land lord.

Otherwise he can file suit for cancellation of sale deed and may file FIR against you for forgery and cheating.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

See First of all if the GPA is signed by the landlord himself and it is notarised now he cannot deny his signature,

Secondly how was the amount paid to land lord for that land??

Third he can file a case of cheating breach of trust on you the first way is to amicable settle with the seller secondly you have to contest in trial, as soon as he files the criminal complaint obtain an Anticipatory bail.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

There are so many ways to save you. But it is not possible to say the same online. You can save yourself by getting file a suit saying that GPA are not valid as per following citation. Other alternative suggestions also available.

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No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Need to read whole agreement what points you have mentioned in it and what clauses were mentioned in it, whether that GPA or agreement was registered with registrar.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

How do will he prove cheating, It`s 2006 matter, what was he doing till now, his case is weak,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

What is your problem?

You say that you have cheated the landlord hen you may have to face the criminal charges if the landlord lodging a criminal complaint against you.

Instead you may arrange for a compromise situation with the landlord on his terms and try to close this matter amicably.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

if landowner files police complaint of cheating against you take the plea that GPA bears landowner signature and is duly notarised

2) after lapse of 10 years landowner has woken up from his slumber and taking the plea that POA was fraudulently executed

3) sale of land was done on basis of GPA

4) if you did not pay the consideration received on sale of land to land owner you would be in serious trouble

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

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