• Registered G.P.A with accumulated interest and affidavit

My dad has purchased property in 1989 and made a registered gpa wit sale agreement and full and final settlement and got a notary afidivt. Mentioned ,sale of property with all final settlement done and any of my family members ,agents or relatives have no rights to claim the schedule property.
The principal got expired and 2009 .
1)Does the principal legal heirs have the rights to property now?
2) sale deed was not done during period is because of fragmentation act , which is also being mentioned on gpa.
3) what is the possibility we have to fight against them.we have paid tax upto date and have khatha in our name.and in position for 30 years nearly. With commercial shops build
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Hi,

As per the sale deed you have the right on the property and the legal heirs of the principal can't claim the property. You are suggested to get the khata registered on your name by paying all the due taxes/stamp duty. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You don’t have clear and marketable title to property 

 

2) GPA does not confer title to property 

 

3)ask legal heirs to execute registered sale deed in your favour 

 

4) litigation is long drawn and expensive proposition 

 

5) amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. No a POA obtained after giving complete consideration of property cannot be revoked after death of principal.

2. So legal heirs of principal cannot claim property rights.

3. You can file declaratory suit against legal heirs of principal for claiming ownership of property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Since there is no sale deed registered in the name of your father, the sale is not complete as well.

2. So ask the legal heirs of the original legal heir to make a deed of conveyance in the name of your father, if he is alive and if they refuse to do so then you will have to file a suit for specific performance of contract. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. They can challenge power of attorney since the principle.is.expired they can claim right on the property.

2. You can file before court for.declaration of ownership over the the property.

3. Yes you can stake the claim

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.  Since it was only a sale agreement and the same is barred by limitation  after three years of its execution, the sale agreement may not be valid and maintainable at this stage.

Since the principal died long back, the GPA also stands revoked or cancelled automatically, hence your father may not be able to enforce the GPA deed as well.

2.  That canot be an excuse for now, the GPA is not a title deed and moreover since the principal is died it is automatically revoked.

3. All these documents are not title documents, they can be useful only to prove possession.

Therefore your father can file a suit for declaration of title on the grounds of adverse possession.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You should call Upon the class I Legal heirs to execute a fresh power of attorney in your favour . In fact a property cannot be transferred at all by a GPA. If he has given u a GPa , you can use the said Gpa to sell the property to some one else, if it authorises you to do that . but then it can't be used to sell it to yourself .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

You have a clear case title and possession in your favour and the said GPA is of no avail in view of the then Fragmentation Act. You may file a suit for permanent injunction and get restraint order against all the persons who are disturbing your possession if any.

 

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

NO but they can raise fake claim so better register sale deed. GPA is execute to avoid stamp duty.

Through GPA title dose not transfer so to secure title in the property and to avoid any future claim, execute sale deed

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1 yes unless waived 

2 no need

3.you have good case

 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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