• GPA holder vs actual owner

We bought a site from Ravikumar in 2006, Ravikumar bought this from Chandra -GPA holder of sukumar shastri in 2001, Later sukumar shastri sold the same property to N. Reddy in 2003, in 2006 N. Reddy sold it to R. Reddy , and in 2010 R. Reddy did a gift deed to his brother L Reddy, and at the end L. Reddy and R. Reddy together sold the same to back to N. Reddy in 2017. all Reddy's mentioned above are all brothers .

Will i be the actual owner of the site or N. Reddy?
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

Whether you took possession of the property after buying it?

If so and if the property is under your continuous possession and enjoyment ever since the date of purchase, then the so called transactions between Reddy brothers without possession would be considered as a nominal and sham sale deed.

The title on your name by the virtue of the registered sale deed in your favor is legally valid and if the Reddy brothers are staking claim, you can challenge the same on the basis of the documents supporting your claim

T Kalaiselvan
Advocate, Vellore
90016 Answers
2497 Consultations

once registered sale deed is executed in your favour you would be absolute owner of property 

 

registered sale deed confers clear and marketable title to property 

 

3) need to peruse various documents cited by you to advice further 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

Is this GPA registered ?

Are u in absolute possession since 2006, if yes, you are actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

the GPA is the document through which property was sold by the GPA holder 

 

in the absence of GPA it would be difficult to prove that you have clear and marketable title to property 

 

you have to sue your seller to recover your money 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

But mention of GPA must be in sale deed executed with you !

Have to file suit for recovery of possession.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If it is occupied by a third party, you collect the details of that occupier and file a suit for declaration of title and for possession of property on the basis of registered title deed in your possession

T Kalaiselvan
Advocate, Vellore
90016 Answers
2497 Consultations

A General Power of Attorney (GPA) is a document through which one person (Principal) appoints another person (GPA Holder) to do all acts specified therein, for and on behalf of the Principal. A GPA holder is not the owner of the property by virtue of the GPA. A GPA holder only has the authority to carry out tasks assigned by the owner, excluding selling of property. A GPA holder is not authorised to sell the property on behalf of the owner, even if the GPA is recorded with the sub-office. The Supreme Court of India has held that transactions of the nature of GPA sales do not convey any title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immovable property.

Therefore, if Ravikumar bought the site from Chandra, who was only a GPA holder of Sukumar Shastri, then Ravikumar did not acquire any valid title or ownership of the site. Similarly, if you bought the site from Ravikumar, then you also did not acquire any valid title or ownership of the site. The actual owner of the site would be Sukumar Shastri or his legal heirs, unless he had executed a registered sale deed in favour of N. Reddy or any other person.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

Kindly check the GPA between Chandra -GPA holder of Sukumar Shastri in 2001 it should be registered with SRO by paying stamp duty, than all later transactions will be not valid. 

 

If you could manage the GPA document number which is mentioned in your agreement done with Ravikumar in 2006 from that you can find any clue.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir/Madam,

As per Surya Lamp judgment, all the transactions of GPA are invalid. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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