My father had bought two properties of 30*40 just next to each other in 1994 in Bangalore near Parappan Agrahara.
We had constructed one rooms with a compound wall 10 yrs & yhe other room in Jan'2013, but a local resident with criminal background and a fraudulent papers had got one of the site registered in Aug 2011 & resold the same within 15 days who are all family members.
I have filed a criminal as well a civil court case. Our property was registered via GPA in Feb'1994 is this valid or not. I shall definitely meet up for legal consult.
Asked 11 months ago in Property Law from Bengaluru, Karnataka
1) you mean to say that seller had executed sale deed through GPA executed in his favour .
2) if your father had bought 2 properties by sale deed your father would have clear and marketable title to the property
3) it is necessary to peruse the GPA, sale deeds , cases filed by you to advise further
A. Property purchase vide registered GPA is valid transaction subject to if the GPA executant had been alive at the time of execution of GPA.
B. You may approach the Civil Court by filing declaration suit with respect to the same.
C. All the previous documents i,e, origin of the property, Sale Deed, GPA etc.,in connection with the title of the property is very much required to analyze the marketable title.
You have taken the right step in filing both the civil and criminal cases.
Now without seeing your papers it is difficult to say whether you have clear title in the property or not.
Hence to have better advice on this you have to get those papers perused by some lawyer.
Sale through GPA was valid in 1994. You should wait for the outcome of the civil and criminal cases which you have already filed.
Hi, you can file suit for deceleration and possession that you are the absolute owner of the property and also seek for possession of the property against the person who illegally occupied your property.
You have not stated that whether the property sale deed was executed and registered to your father by a registered GPA or whether your father was executed with a registered GPA for the property?
If your father was just a GPA holder of the property, then suppose the principal had revoked the GPA deed and had sold this property to a third party, it will be held valid in the eyes of law even if the same sold out without the knowledge of your father.
A GPA is a GPA only till the end if it was not convert into a sale deed. A gpa holder cannot become an absolute owner to the property even though he might have paid the consideration amount in full to the original owner.
Who filed the case?
You may wait for the outcome of the case.