• GPA to GPA and got sale deed

I have a property which is a vacant land this land was purchased by mother from a Gpa party from the parent owner and this GPA WAS not registered it was just a notary from direct owner to GPA HOLDER and from him my mom purchased and obtained GPA.

I have made absolute sale deed from my mom to my name and then on I am paying regular local tax. Still land is vacant 

Now the original owners kids have obtained RTC on their name 
1. What are my options to retain the ownership of plot as I heard the owners have started demanding ransome.
2. Can the owners register my property to others which is already registered in my name.
Asked 1 year ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

1. On what grounds have they obtained RTC?

2. If they do so then you may challenge the sale deed, since the property is in your name no one will purchase the same from them.

Obtain the possession of the land at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1. Sir GPA from GPA is not valid till.such authority is mentioned in the first GPA in case the first GPA mention such clause you can file a case for possession and transfer of.name in mutation.

2. Yes they can, sir file a suit in the civil.court for the possession and alteration along with declaration of the ownership on property. Further both GPA need to be persued.

See the situation herein is that gpa holder is agent of principle and he cannot make.firther gpa till such authority is expressly.given.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Sale cannot take on the basis of general power of attorney even if it is registered.

And power of attorney cannot make another power of attorney on behalf of principle.

So the sale which took place is is void ab initio.

So the kids of actual owner are the title holders and you cannot claim the property.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

1) If property is registered and you are paying local taxes more than 3 years. Than owner sons doesn't have any rights in the property and can't claim also as per Limitations Act.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

Registration of GPA prior to 2012 was not mandatory

2) however GPA cannot further sub delegate his powers unless there is clause to that effect in the POA

3) it is necessary to peruse GPA executed by owner in favour of GPA holder and further GPA executed by mother in your favour

4) file declaratory suit that you are absolute owner of property

5) seek injunction restraining sale of property by legal heirs of original owner

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1. Property cannot be sold on the basis of an unregistered GPA. The title of your mother is not free and marketable, it is defective.

2. You have not mentioned when the property was purchased by your mother. The legal heirs of the original owner can file a suit in the competent civil court for declaration of the title of their father and seek a further declaration of intestate succession and also recovery of possession from you.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

Dear Sir,

Immediately get a stay orders on the mutation in the names of children of land owner by filing appeal in the office of Assistant Commissioner (Revenue), Kandaya Bhavan, Bengaluru under section 136(2) of Karnataka Land Revenue Act, 1964. Secondly see that in the office of Sub-Registrar Encumbrance is entered in your name. You are the owner and never part with possession. The law is as follows:

========================================================================================

136. Appeal and Revision.—(1) The provisions of Chapter V shall not

apply to any decision or order under this Chapter.

(2) Any person affected by an order made under sub-section (4) or an

entry certified under sub-section (6) of section 129 may, within a period of

sixty days from the date of communication of the order or the knowledge of

the entry certified, appeal to such officer as may be prescribed by the State

Government in this behalf and his decision shall be final.

===============================================================================

129. Registration of mutations and register of disputed cases.—(

(6) Entries in the Register of Mutations shall be tested and if found

correct or after correction, as the case may be, shall be certified by such

officer as may be prescribed.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

1. it is not clear when the GPA was executed. It is true that if the GPA is not registered then the GPA holder can not sell the immovable property.

2. So to avoid complications file a suit for declaration and injunction so your possession is not disturbed with.

3. Keep the physical possession over the property This is very essential as it possession is 9/10 of title.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

1. Selling /Buying "immovable" property via GPA, is illegal & unauthorized. This has been decided by the Supreme Court.

2. Further presently the mutation entry of Land stands in name of original Land Owner and by virtue of the same, the original Land Owner can conducted future transactions.

3. What you are having is a Sale Deed of the property, BUT you have not mutated the same in the Revenue Records, which is mandatory.

4. HOWEVER, based on the available documents, file Civil Suit for Mutation, by following due procedure of law. Serve Caveat to all the parties concerned, restraining /stopping them to deal further in the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

You have not provided any much details, line year and all, this might be possible the documents of other party are older than yours, its good that you have got sale deed registered as gpa is not a legal document and is inadmissible in court.

But it is important to know the chain of the property and the documents in possession of other party

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

The power of attorney holder is agent of his principal. he gas no right to assign his right ot other person. In present case your mother has purchased from the second power of attorney holder,whom legally has no right or authority to sell the land. your mother has not get legal title from the said power of attorney holder,whom have no right to sel the property. Your mother has sale/transfer the land in your favor by executing sale deed then also you have not get the legal marketable title of the property. The main owner has /have right over the said land.Merely paying the tax the tile is not vested with you. The owner has a right to sell his property if any buyer is ready to purchase. The owner has to file Civil Suit for cancellation of sale deed executing between you and your mother for deleting the name from record.

Girish Togani
Advocate, Bhiwandi
8 Answers

5.0 on 5.0

you will have to file a declaratory suit

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

1. Apply for mutating your name in the revenue records before the BLRO/Tehshilder for the said land. If you are already in possession of the said land then file an application u/s145 of Cr.P.C. praying for an order upon the Opposite Parties not to disturb your possession of the said land without any Court Order.

2. Since your name has already been shown as title holder of the said land in the record of the Registrar, it will ordinarily be possible for the Opposite Parties to register a sale deed in favour of a third party conveying the title of the said land.

Krishna Kishore Ganguly
Advocate, Kolkata
22523 Answers
596 Consultations

5.0 on 5.0

The legal heirs of original owner will play this type of game for extorting money.

This is nothing new in Bangalore.

The land mafias will instigate such people by paying them some money to start this game.

Once the latest buyer is frightened about the litigation and other issues, they will dominate them and settle with a heavy amount.

Now if you have received a notice on this then yo give a reply notice, if they still go to court, you may fight them back strongly on the basis of documentary evidences in your support.

It is for this reason that the property buyers are advised to obtain legal opinion about the property proposed to purchase before entering into the sale deal.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Hi,

In case of demand of ransom, you are suggested to file the complaint with the police because the land pertains to you and your mother also can't register that to anyone.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

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