• Fraud and unregistered GPA

Dear sir, when my mother still alive was and we were out of town for about 2years some people forged my mother signature on 50rs agreement as GPA (unrigesterd) which is notarised and got our property in there name even mutations and Katha are transferred. Now we have lodged FIR and suit in court plz help me with your valuable suggestions
Asked 10 days ago in Property Law from Bellari, Karnataka
Religion: Hindu

1. File Caveat application to the Revenue /Municipal authorities, restraining them from making any Transfer /Mutation in their records, relating to the property.

2. In court, just prove your case with proper documentary evidences and witnesses.  ALSO publish news paper Notices, restraining the Public with dealing the said property in any whatsoever, thru a local property advocate.

3. Immovable Property dealings are PROHIBITED using GPA in any manner whatsoever. This is upheld up SC judgments.

Hemant Agarwal
Advocate, Mumbai
3669 Answers
19 Consultations

5.0 on 5.0

i presume you have filed suit to set aside fraudulent sale deed executed on basis of forged POA 

 

2) you should also seek injunction restraining purchaser from selling the property 

 

3) police complaint for forgery , fabrication of documents , cheating is also maintainable 

Ajay Sethi
Advocate, Mumbai
72014 Answers
4331 Consultations

5.0 on 5.0

1. When was the GPA fraud happened?. Was it prior to 2011 or after that?.

2.  Since you have already lodged FIR and also filed a suit in the court, collect whatever evidences available at your disposal to your advantage and use it.

3. Publish a Public Notice in English as well as in vernacular languages mentioning the ownership of the property and the risk involved in buying such property.

Shashidhar S. Sastry
Advocate, Bangalore
2372 Answers
157 Consultations

5.0 on 5.0

Unregistered GPA to sell the immovable property is not valid.

Immediately file an injunction application to prevent the said person to sell off the property . You should file a criminal case u/s 420 468  against  them.

Mohammed Mujeeb
Advocate, Hyderabad
13813 Answers
6 Consultations

4.5 on 5.0

I think FIR is sufficient. Who has the possession ? If with you than relax and let the investigation complete. Or request court to grant interim relief that possession shall be recover and no interference by any.

Yogendra Singh Rajawat
Advocate, Jaipur
16702 Answers
21 Consultations

4.6 on 5.0

Proceed with the case in court and suit. You need to prove the forgery and cancel that GPA and transfer transaction

Prashant Nayak
Advocate, Mumbai
16667 Answers
30 Consultations

4.6 on 5.0

On GPA property title of ownership is not possible only can have rights to develop mentioned. Only sale deed can have transfer of ownership.


You can sue all parties including sub registrar officer.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

Dear Sir,

Unregistered GPA to sell the immovable property is not valid. a. For a property to be transacted with through a GPA at this stage, the said deed is to be a registered document.

Basis of forged and fraudulent unregistered GPA dt. 22.01.01 be declared as 3 null, void & illegal, thereby, cancelling ... suit property from defendant no. 3 and 4 vide unregistered GPA, Will, receipt etc., and had further sold the suit

Sh. Arun Sibbal vs Sh. Devinder Pal Singh on 29 September, 2008

Netravathi Kalaskar
Advocate, Bengaluru
4587 Answers
22 Consultations

4.8 on 5.0

See the FSL report on the sign on the GPA can be sought to support your case. The Forensic department can cross check the GPA with authentic signature of mother and can give opinion.

Also other substantive evidences evidencing that the mother did not make the GPA and same was forged by accused. 

Shubham Jhajharia
Advocate, Ahmedabad
22856 Answers
92 Consultations

5.0 on 5.0

Hi, 

In the present case, you are required to prove that no act of GPA was done by your mother and the persons who have got the papers notarized and got transfer of khata have done wrong in collusion with notary and official of registrar office. You may look for genuinity of signature of your mother on GPA, sign in notary register, opinion of handwriting expert, etc.

Ganesh Singh
Advocate, Delhi
3448 Answers
9 Consultations

4.5 on 5.0

You have already lodged a criminal complaint with the local police for this fraudulent action and the crime therein, also you have file a civil suit on this, what else do you expect any suggestion ion this.

You may follow up the cases proper;ly through your advocate so that you dont lose the same due to your casual attitude.

 

T Kalaiselvan
Advocate, Vellore
61958 Answers
799 Consultations

5.0 on 5.0

Mere change of name if revenue records does not confer title.

contest the case filed by you in getting the same cancelled. 

S Srinivasa Prasad
Advocate, Hyderabad
1069 Answers
6 Consultations

5.0 on 5.0

Dear Sir,

Now the law is settled by the Supreme Court. GPA sales are invalid. You can approach the Asst. Commissioner (Revenue) and challenge the Mutation and get it set aside. it will be done within 6 months

=========================================================================

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

  • Flat sold by builder to third party whem my Agreement to sale was valid

I had executed a Agreement to sale on one flat at Agra U.P. in (date) with a validity of 15 months ,after 15 months the builder with mutual consent and reason that the the construction work is not over renewed it for another 12 months upto  (date),again with the same reason it sought and extension of another 6 months of agreement to sale which was made and agreement to sale was extended upto (date).

After this we issued a notice to the builder and on reply to notice the builder through its legal counsel sought again time upto (date).Subsequently again a notice was given on (date) to execute the sale deed but the builder again replied by letter and sought extension upto (date) with the same reason that flats are incomplete.After (date) the builder is untraceable and recently he was arrested on forgery charges and currently in jail.On enquiry I came to know that the builder sold my flat that was having valid agreement to sale to third party with sale deed date.During this period my agreement to sale was valid but now builder is in jail what is the legal remedy and the party having sale deed has occupied the flat .now what is the legal remedy me to get my flat back.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4958 Answers
153 Consultations

5.0 on 5.0

1. When your mother give evidence in court she should completely deny about the knowledge of signatures on notarized GPA. 

2. She should say that she never signed any GPA or executed any sales deed in favour of anyone. 

Mohit Kapoor
Advocate, Rohtak
6548 Answers
2 Consultations

5.0 on 5.0

File a case for cancellation of sale deed or transfer deed whichever exists. Also challenge the power of attorney. The power of attorney cannot be used to claim ownership rights. 

Rahul Mishra
Advocate, Lucknow
6184 Answers
14 Consultations

5.0 on 5.0

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