• Agreement of sale and with GPA (with Possession) and Sale Deed

"A" made registered Agreement of sale cum with GPA (with Possession) on 25th Jan 2007 with "B" for an open plot in Hyderabad. "A" also made registered Agreement of sale cum with GPA (with Possession) on 25th May 2007 with "C" for the same plot . Then "A" sold the plot to "D" through registered Sale Deed through "C" on 19th Dec 2007. On 7th July 2011, a Sale Deed was registered from "A" to "E" through "B" using Agreement of sale cum with GPA (with Possession). Who is the real owner of plot ("D" or "E")?
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

Dear client,  

Based on the information provided, it appears that "D" is the rightful owner of the plot.

When "A" sold the plot to "D" on 19th Dec 2007 through registered Sale Deed, "A" did not have the right to sell the property since "A" had already sold the same property to "C" earlier in May 2007. Therefore, the Sale Deed executed by "A" in favor of "D" was invalid.

Later, on 7th July 2011, "A" sold the same property to "E" through "B" using Agreement of sale cum with GPA (with Possession). However, since "A" had already sold the property to "C" and subsequently to "D", "A" did not have any right to sell the property to "E". Therefore, the sale made by "A" to "E" through "B" is also invalid.

In conclusion, since "A" did not have the right to sell the property to "D", the sale deed made in favor of "D" is invalid. However, since the subsequent sale made by "A" to "E" through "B" is also invalid, "D" remains the rightful owner of the property.

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

Subsequent sale to C is illegal as plot was already sold to B by A 

 

2) suit has to be filed by E to set aside sale deed executed in favour of D 

3) also file criminal case of cheating against A , C  under section 420of IPC 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

This appears to be a very clear case of fraud and act of cheating by A.

The sale agreement with possession to B by A makes the B entitled to get the property registered to him, however if he had agreed to sell as per GPA, then the sale deed executed by B to E.

A has got nothing to sell when he had given GPA to A, whereas he had executed GPA once again to C, which is another fraudulent act.

Therefore a criminal complaint can be lodged against A for indulging in such fraudulent activities in order to extort money for wrongful gains.

D cannot claim title in the given situation.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

 D is the owner of plot as it was duly registered in his name on [deleted] itself, whereas the same property was illegally sold by the seller in favour of E on [deleted] years after the registered sale deed in favour of D on [deleted].  

When the plot had already been sold by A through registered sale deed in favour of D in the year Two Thousand Seven, A was not the owner of plot when he sold the same plot to E in Two Thousand Eleven.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

when A entered into registered agreements for sale with B and C, no title was transferred from A to either B or C

The title remained with A only

A then sold the plot under a registered sale deed to D with C as a confirming party. So title passed to D

On 7.7.11 A did not have any title with him since he had already transferred the title to D earlier in Dec 2007

So the sale deed made in favour of E is useless as A could not have transferred any better title to E than what A had

consequently the owner is now D and not E 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

E

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

- As per law, a registered  sale deed is considered as the valid tile deed of a property under sale. 

- Since, A has transferred the property to D through the agreement of C ,then D become the owner of the property.

- Further, after registering the said property to E , A having no right to sell that property, 

- However , on the ground of registered agreement with B & C , they can approach the court against A for the offence of cheating etc. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It’s a fraudulent transaction the first owner will have rights and other owners should claim there monies and file criminal complaint of cheating 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

agreement to sale cum GPA does not confer title to property 

 

2) sale deed confers title to property to the purchaser 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Same stamp duty levies as to sale deed on registration of ASCGPA.

E only is because possession was never delivered to D, is was in possession of B and thereafter E

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

From the contents of your latest post it can be seen there are a bundle of fraudulent acts committed by more than one person for wrongful gains.

Therefore to render proper opinion, the documents what you rely upon are to be perused or scrutinised properly, hence you may produce the relevant papers before an experienced lawyer either in the local or any lawyer from this forum too and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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