• Sites 40*60 possessing Conveyance deed and GPA.

Hello Team,

In fact this is with reference to property in litigation at Bangalore.

We are set of buyers around 40 precise. The layout is under litigation,The land owner had entered into General Power of attorney notorized with the said buyer By named Mohammed Fakruddin in the year 1989 for about 1.5 acres of Land.

From this said buyer we got the papers for the said plots done. In parallel the land owner has executed the registration deed by contacting a mediator thereby registering the parallel sale deeds on an individual basis to the parties like us ,thus each sites have us and others as well .

Our documents were executed in the year 1997 but on the other end the documents were executed in the year 2003.

Now we have the following scenario,the buyers who purchased from GPA holder Mr Fukrudin moved to the court there by seeking specific performance contract as the said owners of the land stated that there was no legal binding and no execution of notarized gpa to Mr Fukrudin.

These buyers similar to is moved to the court for executing specific performance through court and got the orders passed stating that GPA once executed cannot be revoked hence there by if the said owners do not execute the sale deeds the court would execute the sale deed process through specific performance ,thereby 8 plots secured specific performance and the said owners who purchased from our buyers have the houses constructed.

Now This entire locality is not a converted land.

In this procedure the Said buyer Mr Mohammed fakruddin did grant us three plots,for one such plots he has executed the sale deed which is already sold to a third party.

The other two plots have conveyance deed ,GPA executed by Mohammed fakruddin ,I am approaching the government agency to pay the required taxes till date,but they claim that they require sale deed copy.

How to regularise these site's?How to pay the taxes till date.How to file the case based on these documents only as these are unregistered documents but soly executed by The GPA holder.
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How can we contest based on this documents alone,and can the sale deed procedure be done through the court?

This documents have stood in the name of my Father.
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

You need to file the suit for establishment of title in civil court. You can also go agaisnt the said govt offices under writ petition. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

once GPA is executed by principal in favour of his agent then on basis of said POA plots could be sold by the agent 

 

2) you have to file suit for specific  performance to direct execution of sale deed in your favour 

 

3) court can direct execution of sale deed 

 

4) you can pay taxes only after mutation of property is done in your favour 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You cannot even a suit for specific performance of contract against your seller 

You do not have any registered sale deed document hence you may not be permitted o even pay the taxes.

Your land is not even NA converted hence any claim in that aspect may also be very weak.

However without seeing the property papers no concrete opinion can be rendered hence you are advised to consult an experienced advocate ion the local with all papers in your possession and seek his advise to proceed in this matter legally.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Seek court orders to direct landowner or the principal to execute registered sale deed in your father favour 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can do the above with the said documents

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

Your cases involves several issues. Each issue depends upon several factorts. It is not know whether GPA was registered. Whether it is cancelled at any time. You have to lead evidence and withstand during cross examination.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

file civil suit before the Appropriate court seeking for specific performance to execute the sale deed in favour of you

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

After executing the conveyance deeds, was your father put in physical possession of the plots, if so, duly construct a shed or temporary dwelling house on the plots, approach the civil court and take an injunction order against the true owner and GPA Holder against dispossession from the property. This way you can protect your right, title and interest in the plots.

You only have unregistered deeds, and you state that the GPA Holder Mohammed Fakruddin is dead, in this scenario, the option suggested above would be your best.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You can file the declaration suit in civil court against municipal corporation and the owner of the plot to register the sale deed on your name as your sale was done before second sale hence your transaction will be valid and other become invalid transaction.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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