I have taken GPA of a plot 1000 Sq. Yards from 8 Legal heirs In April 2016, Later I came to know after one month that same legal heirs did a registered sale deed to another person. But as per the registered sale only 74% of legal heirs did the Sale deed. In my GPA I have 100% sign papers so there is difference of 26% missing from their registration. And now all the legal heirs are ready join with me for cancellation of that registration or any other way. Please suggest me what to do and to be perfect owner of that plot and cost effective.
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The previous registered sale agreement is void and a suit for cancellation of sale deed should be filed in the civil court.
Also a criminal case should be filed against those shareholders who gave you GPA while not telling you about the previous sale deed.
Regards
You need to file a suit for cancellation of the said sale deed in civil Court
Registered sale deed can be cancelled only with mutual consent
2) it cannot be cancelled unilaterally by the legal heirs
1. Your query is lacking basic details. What does GPA authorise you to do?
2. If it is a GPA for sale then it has to be registered in the first place. Further, GPA stands revoked automatically if subsequently sale deed has been executed by the heirs.
3. Complete details are required to formulate an opinion.
See the land owners whose signatures are not there on the registered Sale deed have to file for cancellation of the sale deed once the court orders the cancellation of the earlier sale deed then only your sale for same can be registered. See you are having only GPA that makes you only the agent as it is not valid instrument of transfer.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like trespassing, cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
As per your query I would like to inform you that registered sale deed can be cancelled on the basis of filing civil suit under Code of Civil Procedure, 1908. Under this Act you can cancel it to file suit in court.
1. You should file a suit to set aside the sales deed.
2. If GPA was executed against consideration given to legal heirs then it cannot be revoked without your consent.
3. The sale will be cancelled if some legal heirs are supporting you for the suit and didn't sign on the sales deed which is executed after GPA
A registered sale deed can be cancelled by executing a registered cancellation deed to cancel the registered sale deed executed jointly by the seller and the buyer.
Please be aware that the registered GPA executed in your favor by the principals is not a title document, they have just authorized you to sell the property and carry out other transactions/tasks in respect of the schedule of properties hat have been mentioned in the registered GPA deed.
Therefore you canot claim the title or property legally on the basis of the GPA deed available in your possession/favor.
Dear sir/madam
First get cancelled the subsequent sale deed and then get regular sale deed on which all the legal heirs should sign . Since 2011 GPA sale deeds are not valid except in case of blood relations that to it is risky .
