• Can we get back property

Dear Sir

My father sold his some agriculture land to person on GPA in Sep. 2013 & not disclosed to us. Now we came to know the sale of land which was sold in Rs. 10 Lacs. in cash & GPA is for Rs. 15 Lac. We want take back this property & ready to pay  Rs. 10 Lacs + normal interest. But the purchaser of property needs 15 Lacs + Interest.

We came to know that the purchaser of this property was govt employee & had purchased a lot of property from his black money on GPA.

Can you guide me what is the remedy for us.

Thanks

Arun
Asked 3 years ago in Property Law from Delhi, Delhi
If the GPA is registered and consideration paid is also mentioned then though the transaction is not sale but the GPA can not be withdrawn. The GPA holder can sell the land to someone  further on the basis of the same. Who is in possession of the land?
H. S. Thukral
Advocate, New Delhi
526 Answers
135 Consultations
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has possession of land being delivered to the purchaser? is it self acquired or ancestral property? . if it was ancestral land your father could not have sold it without consent of other members of family . 

you have not mentioned whether GPA is duly stamped and registered or not . GPA holder can sell land to third party .
Ajay Sethi
Advocate, Mumbai
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pls note that all GPA after september 2011 are not valid as per supreme court judgement of Justice Dalvir Bhandari
Rajeev Bari
Advocate, New Delhi
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92 Consultations
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If this property is ancestral in nature then your father could not have sold it in first instance except with the prior consent of all his children. To remedy the sale of ancestral property you may challenge it in court if you have the title deed. 

If the property was self purchased of your father and GPA is registered then land cannot be retrieved now. GPA holder can create third party rights.
Ashish Davessar
Advocate, Jaipur
19179 Answers
484 Consultations
5.0 on 5.0

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