Hi, I'm Madhu from Bangalore, seeking your help on the below legal issue. In the year 1998, Mr. Srinivas (Property Owner) has given a Notarized GPA to MareGowda(GPA Holder) and later in the year 2015, MareGowda(GPA Holder) has registered the property to Kesava Murthy, In the same year Kesava Murthy has registered it to Madhu. At the point in time, Mr. Srinivas(unmarried) died by leaving behind his legal heir Mr. Vinay. Mr. Vinay has now sent a notice to Maregowda/Kesava Murthy/Madhu claiming that his uncle (Mr. Srinivas) has not given any GPA and Maregowda has created a forgery GPA document. Documents we hold - Copy of the GPA ( Original GPA is lost) - FIR Copy (Mr. Srinivas has lodged complaint in the year 2010, that his property documents are stolen, however the FIR doesn't talk specifically about GPA, its very generic) - Registered Documents from KeshavaMurthy to Madhu - Registered documents from Maregowda to Kesavamury. Appreciate your advise on this.
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Dear Sir/ Ma'am,
anyone can file a case against anyone, but what we must keep in mind is that- the offence has to be proven.
As I can see that you have valid documents to prove your point, you have a strong case.
Since the document was originally registered by Mr. Srinivas, the missing report was filed by him and you have an FIR copy for the missing document, it is an evidence which you can rightly use.
What you must keep in mind is- the lost registered documents was procured as the certified copy of the same from the office of the registrar. He got the duplicate document from the registration office, so this is a valid official document which can not be ignored.
keep all the documents properly now and avoid any mishandling.
the documents which were registered, must have been done by the registrar and in front of adequate witnesses who would have signed the documents too. so they will be the official witnesses in your case.
Now, the plaintiff will try to prove that:
The defendant (YOU) in a forgery case must have intended to defraud, deceive, or trick the victim with the forged document.
Intent is a key element to proving forgery, so without it the defendant cannot be found guilty. Knowledge is key to proving the defendant had the required intension.
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It is the burden of the plaintiff to prove his case.
The plaintiff alleges that the GPA deed is a forged document hence the subsequent transaction in respect of the proeprty mentioned in the GPA deed is invalid, however the plaintiff who alleges this has to prove that it was really a forged document and that the deceased Principal did not execute any such document in favor of the power agent, by comparing the signatures of the deceased and obtain an expert's opinion to prove this besides, he should prove that he is the legal heir to the deceased because the nephew cannot become the class I legal heir and y legal heirship certificate obtained from the revenue department mentioning that he is the legal heirship certificate to Class II or any other type of legal heirs except class I legal heirs.
Further if the deceased principal was alive during the transactions tht happened with regard to the property referred now, then nothing prevented him from objecting to the said transactions.
The issue can be properly challenged if handled by a skilled and experienced lawyer to protect the interests of the defendants.
Ans:-Where is the original copy of the POA from Srinivas to Maregowda.?
1. As per a recent SC judgment, Buying /Selling property on the strength of an unregistered n non-stamped duty paid GPA is null & void.
2. Further GPA shall lapse on death of GPA executor.
3. IF property papers are reported missing /stolen /misplaced and further report to Police, THEN GPA holder is not entitled to Sell /Transfer such property and all such transaction are legally infructuous (null & void).
Keep Smiling .... Hemant Agarwal
Hi Ajay Sethi/Anik Ayantika/T Kalaiselvan/Garima Anil Mehrotra, Thanks for responding. I would like to know whether the notarized GPA done at 1998 was valid for the transaction happened in 2015? Hi Hemant, Thanks for responding, In that case, what is the action that can be taken to solve this issue.
In 2015 registration of POA was mandatory in Maharashtra
2) notarised POA could not have been used for execution of registered sale deed
3) The Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 I (Act) in sub-section 1 in its application to the State of Maharashtra. As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way executed on and after the commencement of Registration (Maharashtra Amendment) Act, 2010 shall be compulsorily registered. Thus, any power granted to a person for sale of immovable property shall necessarily have to be registered with the Sub- Registrar of Assurances, failing which the same cannot be put to use.
1. Vinay first has to show that he is the legal heir of the original owner Srinivas. He has to produce a valid heirship certificate from the Court before he can claim that he is a legal heir of Srinivas
2. the GPA holder using the GPA granted by Srinivas, sold and registered the property in favour of MareGowda in the year 2015 and in the same year the latter sold and registered it to Madu
3. if the original owner had any objection against the aforesaid sales, then he ought to have challenged the above sales maximum within 3 years from the date of registration, since, once a document is registered, it comes within the public domain and members of the public are deemed to have knowledge about such registration.
4. as Srinivas never challenged these sales within the maximum limitation period of 3 years from the date of registration in the year 2015, his alleged legal heir Vinay has no business to now raise any dispute, particularly when he has not even produced any heirship certificate which declares him to be the surviving legal heir of Srinivas
5. if it is the case of Vinay that the GPA was forged then he will have to file a civil suit and prove forgery
6. if any such suit is filed you can always raise the bar of limitation and say that his claim is stale and also raise the preliminary objection that in absence of a valid heirship certificate issued by a Court, Vinay cannot claim himself to be the alleged legal heir of the original owner who is since deceased
7. also i assume that Madhu is in possession since 2015 after the property was registered in her name. So what was Srinivas and Vinay doing all this while?
8. you also need to figure out whether you have in your custody the original registered title deed in favour of Srinivas and any documents antecedent to Srinivas's title deed
- As per law , a property cannot be transferred by the unregistered GPA holder , specially when the GPA holder is not his blood related.
- Further, as the said property was transferred by MareGowda in the year 2015 , but before that Mr. Srinivas has already lodged his complaint regarding the lost of property documents , then it creates a doubt for the said GPA , and its genuine-city as well.
- Further , it is not clear that how the nephew Mr Vinay become the legal heirs of his uncle being the class II heirs.
- You should send the reply to the said legal notice after narrating that due to selling the said property , Mr Srinivas has lodged his compliant for missing the documents .
yes it is valid.
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Compulsory Registration of POA was made subsequent to the Hon'ble Supreme Court Judgement delivered in 2011.
A GPA must be registered with the sub-registrar’s office to get a legal validity. Moreover, the GPA is not valid for an indefinite period. It is valid for the lifetime of the principal or the one who is awarding the GPA. It can also be revoked within the lifetime of the owner.
Thus if the property was registered by the power executing the registered sale deed on the basis of the notarised POA deed in his favor, would be invalid.
This can be challenged by the legal heirs of the deceased Principal if the Principal is not alive.
Therefore the remedy for the legal heirs to challenge the sale deed is by mentioning the invalid POA deed since it is not by a registered document.
Difficult to respond at this juncture as GPA is not valid and FIR creates suspicion. This matter can be litigated and can be decided only at the end of Trial.
High Court of Madras
1. Reply through your lawyer to the legal notice you have received.
2. If he claims that GPA was forged then he has to file a suit for declaration of the GPA and subsequent sale deeds executed on the strength of GPA as void in the civil court.
3. The notarised GPA executed in 1998 could not have been used to execute a sale deed in 2015. Your title is seemingly defective.
From the facts stated by you, it is apparent that you are a bonafide purchaser. You can reply to the legal notice and make out your defense, there are judgments on this line of argument. One other plus point in your favour is that Mr. Vinay has initiated proceedings after huge delay.
You need to send a reply to the said notice and contest any case filed by them against you
No. Limitation act bars the same.