Total Legal Heirs are 15 numbers for Ancestors property. 1) All legal heirs have been given me GPA with power to sell but un-registered in 2015. 2) For 5 years I am giving them huge amount for their requirements and other necessities. 3) I have submitted a GPA in court and physically marked them in the court also to clear property. Now, a) What happened 3 people died. b) 5 persons blackmailing me and want some extra huge amount, which is not possible for me to bear. c) They are in contact with some professional litigation man. I have a) Receipts of the payments for 5 years given to all of them on different dates. b) GPAs un-registered. c) Remaining 7 people loyal to me. My question is that what are my option and what are the problems they can create for me in courts and etc.
GPA for sale of property needs to be registered
2) on basis of un registered POA you cannot sell the property
3) in respect of 3 legal heirs who died POA ceases unless coupled with consideration
4) better ask legal heirs to execute registered sale deed in your favour
If GPA is revocable than expired for the purpose of 3 who are deceased. Their legal heirs will have to execute fresh POA in your faovr. If POA is irrevocable than it is still valid.
You can only claim refund of payment. Unregistered irrevocable GPA is weak.
1. On the basis of unregistered POA you can not sell their shares. So your first mistake is now making it compounded.
2. So unless and until the unwilling persons give you registered POA you can not sell their shares.
3. Even to sell share of willing members you need registered POA.
So act accordingly.
You should have registered "Agreement to Sale" and paid stamp duty and registered of that amount so today you could not have faced this consequences. So now make a directly sale deed registration of rest of the people and take signature and negotiate with other 5 letters and with the 3 died take those legal heirs in this sale deed.
One should make clear transaction. You got behind to hide stamp and registration amount of 2-3% at that time of market value so now they are asking huge amount as per current market price.
- As per law, the registration of GPA is mandatory , if the it is for the property transfer.
- As three died , now consent of their legal heirs are required for selling their share .
- What do you mean by - I have submitted a GPA in court and physically marked them in the court also to clear property.which court and what case ?
- On the ground of receipt , you can file case against them .
They can only create problem for your by filing suit for cancellation of gpa or claiming injunctions for the said property
Is there some court proceeding pending ?
were the amounts paid by you to the 5 people towards sale of their shares in the property ?
you need to check in your state whether the GPA having power to sell is compulsorily registrable
if there is a pending court litigation, then the legal heirs of the 3 deceased parties have to be brought on record
Giving money to the principals periodically would not in any manner confer the rights on you to the property that you are dealing with through this POA deed.
As a matter of fact the POA deed, if given jointly by all the legal heirs, shall be automatically cancelled on the death of even one of the principals.
The other principals have to execute a fresh POA deed, and it is mandatory to get it register if the POA deed is related to the immovable proeprty.
You can issue a legal demand notice to the principals who took money from you subsequently on the basis of the evidences in your possession.
The facts mentioned in your post is quite impressive that is shown chronologically has impressed us to reply you lawfully as per precedence and provisions of law.
We herein reply your lawful questions as under.:-
1- it's nice you have GPA of all 15 person but trouble is that it is not registered with the competent authorities sub-registrar of property at registration office. GPA is not enforceable as per Indian Registration Act. Hence in case of suit against your opponents you may loose the case on the issue validity of legal document befor the Civil Court.
2- It is nice ground for you to obtain injunction and declaration of title against your opponents based on payment receipts evidently accepted proposals for sale and transfer of land as per Indian Contract Act and Transfer of Property Act. Indeed it favours to you for Injunction and suit for declaration of title ,interest, occupation and possession of the same under Specific Relief Act.
3- Marking of documents before the Court does not become admissible evidence as per India Evidence Act 1872. You will gave to prove it however you would get set back at the trial before Civil Court because of non- registration of GPA .
a) Good for you 3 died.
b) Problem for you because of non- registration of GPA which is compulsorily be registered under Indian Registration Act.
c) Positive sign for you that 7 people are loyal to you .
Option
Please approach good Advocate ask him to file suit for the injunction and declaration of title under section 34 and 36 of Specific Relief Act and order XXXIX Rule 1,2 and 3 of C.P.C. 1908.
They may get the suit dismissed on the ground of forged documents and false suit .
They may get the GPAs declared invalid in court as those were not registered.
So try and sort out the matter as soon as possible
1. Selling properties by issuing GPA in favour of non blood related person has been made illegal by the Supreme Court vide its order in case of Surya Electric.......Vs. the State of Haryana passed in the year 2012.
2. Hence the said unregistered GPA issued in your favour authorising you to sell their property is invalid.
3. You shall have to file a Recovery Suit for recovering the amount already spend by you on them if they do not want to register the property in your name now.
Unregistered GPA to sell the immovable property is not valid
You should call Upon the class I Legal heirs to execute a fresh Registered power of attorney in your favour.
1. They cannot create any problem if you are giving them consideration from last 5 years against POA given to you.
2. You should file suit for specific performance against all the legal heirs and legal representatives of deceased hiers for registration of property on your name.
