Yes gpa can be cancelled by filing a suit for cancellation
Government allotted a land in the housing board to my grandmother in the installments basis my grandfather is to pay the installments after he passed away my grand ma is to pay, the person who is the close friend of my grandfather wrote the GPA on him from my grandmother without her knowledge after grandfather passed away. and then he registered the land on his 3 sons. Now we can case on them in the court?
You can file a cheating case, fraud case with police and suit for cancellation of deed registered to his son, but.you need proof that gpa was done illegally to transfer the property.
Yes you can file case in court for setting aside the registration done through GPA through fraud.
Also lodge a police complaint against that person for cheating criminal breach of trust and threatening and also for making forged documents to transfer the property of your grand mother on name of his children without paying any consideration.
1) has the GPA been signed by your grand mother ?
2) is your grand mother literate ?
3) Is GPA registered ?
4) When was GPA executed
5)your grand mother has to file suit to set aside transfer of property done in favour of friend son on basis of fraudulent GPA
Before going ahead and filing case against the beneficiaries, the below mentioned points need to be considered:
# Whether the said GPA is registered.
# Whether your Grand Mother knows about the execution of said GPA.
# Whether she is literate & how old is she when the alleged Gift was done.
# Upon assessing the above points, it can be challenged in the court after giving notice of cancellation.
Even if the EMI was paid by your grandfather and the land was a letter to your grandmother the GPA should be issued by only your grandmother to a close blood relative in this case you have to file civil suit to cancel the transfer of the property as well as you have to file a criminal case against the person for forging the documents
1. file a suit for cancellation of GPA stating the same was done by cheating, etc.
2. also make a police complaint
1. Well, the agency having been created gratuitously , the conduct of the agent must be beyond the scope of ' cease's wife".
2. Now here his act having been in conflict of interest to protect the interest of his Principal the transfer in favour of his sons is null and void.
3. hence tou have the option of filing a civil suit to delcare the sale deed as null and void.
1.you can file criminal complaint for forged registration with forged documents misrepresentation, cheating against the person who has executed the sale deed on behalf of original land lord.
2. You also request the Police Authority to submit the proof including inspection of documents and thoroughly check at Forensic Sc. Lab for its correctness and validity.
3. further file a suit for cancellation of Sale Deed cheating made and obtain an order cancellation of Deed directing the Sub-Registrar of Assurances to cancel the deed and also revenue and/or municipal, City Survey or such other authorities to cancel the mutation entries made and to restore the name of actual owner. Also pray for relief of returning the possession of the land in question to the original owners also directing the police authority and under police protection take over the possession.
Check the GPA is registered with the registrar and on which date it has been made and when transfer on his or on his three sons name
How come without her knowledge GPA executed by her in his favour?
Tell her to file FIR for cheating and forgery,
1. You shall have to file a declarator suit praying for declaration of ownership of the said property proving that the said person by deception got signature of your grandmother on the GPA authorising him to register a deed of conveyance for the said property of your grandmother.
2. You shall have to file a poliuce case also against him bringing the charge of cheating against him.
The property documents and other related papers are to be seen for rendering a proper opinion
Your narration is void of the details of the transactions that took place, if the GPA was not be a registered deed then when it was given to the holder and when did he transfer the property to his three sons, because the transfer of property by an unregistered GPA deed cannot be done.
You may revert with the details.
.
No title is transferred by way of a general power of attorney. For the title to be transferred a sale deed or conveyance deed, gift deed or relinquishment deed needs to be executed by the owner of the property and deed needs to be mandatorily registered with the sub register office after payment of stamp duty for valid transfer. Without that, no title can be passed as per the judgement of the supreme court in the case of Suraj Lamps.
Your grandmother should file criminal complaint against that person for the offence of cheating fraud criminal breach of trust and forgery.
Simultaneously civil suit for grant of permanent and mandatory injunction, cancellation of GPA and declaration along with interem relief application should be filed in civil Court in order to restrain that person from creating any third party interest or alienation on the said property and to declare the legal heirs of your grandfather as the owners of the property by way of a court decree. Act fast.
Thank you all for the response , I have mentioned all the answers below. 1) When GPA done? Ans) GPA done in 1976 after my Grandfather passed away, GPA done by grandma without her knowledge and she also an illiterate. 2) What Exactly in the GPA? Ans) He has mentioned that he is going to move the property to my grandma in the Hosing board from my grandfather, so that is the reason she signed the GPA, later she came to realize that property moved on his name. 3) Did GPA have been Cancelled and when your grandmother Passed away? Ans) In 1977 after she came to realize that Property have been moved on his name rather than her name GPA have been canceled, she filed a case in the court and went to effectively for couple of times, later quit taking care of the court because of some close to home issues. She passed away in 2000. 4) Do you have any proof of documents? Ans) NO, we have just GPA Document which he gave to move the property and the court reports which my grandma filed are missing. 5) Did he do the registration through GPA? Ans) Yes, after my Grandma signed on GPA immediately he moved the property on his name in the housing board and done the registration (Sale Deed) in the sub register office through GPA and transferred on his 4 children. In 1988, 3 children done the release deed on his elder brother. Presently property is on the elder brother. When I saw in the latest Encumbrance Certificate the property is on the elder son and the name on the property tax is on unknown person. Presently there is any possibility my father can reopen or file the case again without my Grand Parents?
What happened to court case filed by grand mother?
Was it dismissed ?
If it was dismissed after so many years court would not gran t you any reliefs
See check the status of case filed by grand mother after all these years it must be disposed off, so in that on what ground it is disposed it has to be seen.
New suit is barred no new suit can be filed since grand mother already filed litigation on same issue.
When Case dismissed “with prejudice” usually can't be reopened. A judge will only reopen a dismissal with prejudice case under very narrow, specific circumstances.
You cannot prove the GPA as false or fraudulently obtained since the principal is no more living.
Moreover the proeprty was transferred by a registered deed using the GPA deed, hence at this stage i.e., more than 12 years, it cannot be challenged.
In my opinion, your father may not have a chance to win the case even if he plans to file one, hence it would be more loss to him by money, energy and time.
You may once again discuss with another advocate in the local by producing the relevant papers for his suggestions and recommendation on this matter.
1. Your father should file the declaratory suit praying for the declaration that the GPA was deceptively and fraudulently taken from your illierate grandmother.
2. Alternatively, he can collect the certified copies of all the papers of the sad case and reopen it to claim his ownership on the said property.