Sale agreement unregistered
saleem
(Querist) 07 October 2015
This query is : Resolved
Hi,
I made a sale agreement with a GPA holder 8 years ago paying him a token amount in cash.GPA holder and i had the sale deed endorsed as and when i payed him money in installments.finally i was suppose to make a last payment to get the property resigtered on my name .Now the GPA holder is not responsive.Also i came to know that the GPA holder doesnt hold possesion of the property, his brother is living in the house and his brother is not the owner thou.gh.I also came to know that the original owner who gave GPA to the person who made sale agreement with me is no more.As per my research his GPA becomes invalid as the executor is no more.
what options do i have now to claim that the GPA holder sold the property to me and now evading from registration also the possesion of the property
saleem
(Querist) 07 October 2015
To add to the above mentioned points, i have signed receipts of the GPA holder of my installment payments i made in cash. total amount is not small.
Should i approach court for relief? in that case meagre sale deed and payment receipts will be valid in the court ?
basavaraj shiromani
(Expert) 08 October 2015
the GPA ends with death of original owner of the property. The option left you to file a criminal case for cheating or recovery of money in civil action. the action will be concluded only by observing all the papers
P. Venu
(Expert) 08 October 2015
Was the owner alive when the agreement was executed and consideration given?
saleem
(Querist) 08 October 2015
Yes owner was alive
Rajendra K Goyal
(Expert) 08 October 2015
Consult local lawyer and show him all the documents.
Guest
(Expert) 08 October 2015
Any agreement executed by the GPA will be valid even if he had demised after Execution.Consult a Local Good advocate and Proceed legally..
Guest
(Expert) 08 October 2015
Any agreement executed by the GPA will be valid even if he had demised after Execution.Consult a Local Good advocate and Proceed legally..
Dr J C Vashista
(Expert) 11 October 2015
You had executed a Sale Agreement with deceased who had also granted attorney and executed receipts as acknowledgement of sale consideration??? If so, you can approach the LRs of deceased for execution of sale deed in terms of agreement, they are bound by the agreement.
However, GPA ends with the death of the executant, even with consideration.
Whether the deceased has bequeathed the property (under sale) or not??
Please show all the documents to a local prudent lawyer for proper analyses and guidance.
K.S.Srinivas
(Expert) 12 October 2015
Consult a Lawyer with all the documents.
saleem
(Querist) 19 October 2015
I executed a agreement with a GPA holder, The GPA holder is still alive.The principal owner is no more as per my knowledge. The GPA holder told me that since the principal holder is no more i cannot make a registration and even if he does it will not be valid.
1. Should i file a specific performance suit against the GPA holder with whom i entered an agreement of sale?
2.Should i approach the principal owners legal heirs ?
3. The agreement of sale happened much before the demise of Principal Owner.
4.I heard different opinions from many people, please help.
Facts of the issue
1. GPA was registered and not revoked by the prinicpal owner since 30 years.
2.The principal owner in a way sold the said property to the GPA holder.
3.Nobody till date has come to claim the property or revoke the GPA from the principal onwers end
4.my agreement of sale is unregistered and is on a 100 rs stamp paper.
5.Family of the GPA holder and himself are not denying the money i gave them and the deal but they give vague legal reason of the principal holders demise as the reason for not making a registration on my name
6.if i go for a law suit what would be the stamp fee?would that be based on current market rate or for the rate i bought it?
7. How long will it take get this issue resolved through court if i file a specific performance suit, the GPA holder says approach court and find out if the property can be registered or no.
8. how about the possesion of the property? it is with the GPA holders brother, should i file another case against him for possesion
Thank you
basavaraj shiromani
(Expert) 19 October 2015
1. GPA will be no more
2. you can file a suit for specific peformance agaisnt legal heirs along with GPA to prove the transaction.
you please contact your lowyer GPA is to be read in entirety
