Validity of sale deed by gpa after cancellation
Charyulu KVN
(Querist) 15 November 2018
This query is : Resolved
I request expert views on the below query.
Principal (Absolute land owner) executed a sale agreement for 16.50 lacs in 1993 and subsequently executed a GPA to the same person to sell his land as residential plots. At the time of execution, land owner got 5.00 lacs as advance from GPA holder. This GPA was unregistered but notarised. Since GPA holder failed to make balance payment of 11.50 lacs, land owner cancelled GPA through Notary on 06.05.1999. He has also published notification in local news papers about GPA cancellation. But GPA holder sold the plots on 06.08.1999 to third parties. Having known this, land owner filed a civil suit and later both compromised to ratify few plots through Lok Adalath.
The plot which I bought as 3d transaction from land owner was not ratified in his compromised settlement. Now my queries are:
a) since GPA sold all the plots after cancellation, the transactions of GPA becomes void/null? If so how can I cancel 1999 transaction reflected in EC. Land owner sold the same plot in 2001 after Lok Adalath settlement to third party
b) now GPA holder says he will bring 1999 buyer and execute a cancel deed. When 1999 transactions are invalid as he registered after GPA cancellation, on what authority 1999 buyer can execute a cancel deed now?
c) Without involving 1999 buyer, GPA, land owner, can we cancel 1999 transaction as we have a documentary evidence that GPA registered plots after GPA cancellation and through their Lok Adalath settlement, land owner not ratified my plot? If so what is the procedure? If we have to file a civil suit, how long it will take to get a decree since we have all documentary proof with us.
Guest
(Expert) 15 November 2018
These issues would certainly arise in the cases of unregistered documents like GPA etc. You should have atleast made a local news paper advt regarding the cancellation. I dont think you would have discussed with any Advocate regarding the same. You should have atleast informed about cancellation to the GPA holder by Registered Post with acknowledgements You should have taken efforts to collect back the original documents which you would not have done.Entire mistake is on your side.. Better discuss in detail with local good Senior Advocate in detail and seek the possibilities of remedies.
Charyulu KVN
(Querist) 16 November 2018
Hi , Thanks for the response of NJS. I think my contents were not u/stood properly. Land owner cancelled his GPA much before the GPA holder registered plots. He sent legal notice and also advertised in local news papers. That's the reason GPA has compromised his sale deeds through Lok Adalath with land owner. my question here is how 1999 buyer can cancel his registered sale deed, what that registration itself is invalid as GPA registered plots by hiding GPA cancellation document?
Guest
(Expert) 16 November 2018
Better show all the evidences /documents to higher level of concerned Registrar or you could enclose all the copies to IG of Registrar and seek the clarification to cancel the illegal entry writing to the IG by Right To Information Act. Certainly they will do the needful.
P. Venu
(Expert) 16 November 2018
What are the terms of the compromise/settlement?
Charyulu KVN
(Querist) 16 November 2018
Hi Venu, As per the terms of compromise land owner ratified 17 plots out of 21 plots registered by GPA holder in 1999 after GPA canellation. Hence those 17 plots are valid and accepted by land owner. My plot was not part of that ratification. But in the settlement neither it was mentioned that this plot belongs to land owner. But by default he is the owner as GPA sold is wrongly.
Raj Kumar Makkad
(Expert) 22 March 2020
What is the update of the said issue as on the day?
