Issue with notarised gpa with less stamp value sold property with sale deed.

nagaraj (Querist) 03 March 2015 This query is : Resolved
Hi All,

1.Non blood relative A with notarised GPA in 2006 attested by wife with 100 Rs stamp value sold the property with sale deed to X when the GPA grantor was alive along with all the property documents.

2. And X has sold to Y.

3. we z have purchased from Y but recently we came to know that a first owner wife has filed OS in 2008 on A and X challenging the GPA and decree has given in favour of first owner wife since A and X were never bothered to look into the case and now the case is in EX.

4. So please advice how to deal with this, we are in possession from 5 years.

5. can we pay the stamp value for the GPA now and clear the issue.

can we go for out of court settlement or can we fight the case.

Thanks

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Anirudh (Expert) 03 March 2015
Your paragraph 3 is confusing.
What do you mean by "decree has given in favour of them"? Favour of whom - whether in favour of first owner's wife or in favour of A and X.

(This confusion is because, you have used the word in favour of "them" - the wife of the original owner cannot be "them". If "them" refers to A and X, then you should not have any problem.)

Therefore please indicate clearly the position.

nagaraj (Querist) 03 March 2015
Sorry, Decree is given in favour first owners wife.

Guest (Expert) 03 March 2015
GPA, if short-stamped, cannot be regularised retrospectively if the court did not order to pay the balance of stamp duty with penalty. Order of the court seemed to be based on irregular sale by the GPA holder, so the question of court order for recoupment of the balance stamp duty cannot arise.

Even out of court settlement cannot make the transfer of property foolproof and law compliant, if provisions of law are not satisfied.

But, you have not stated on what ground the court given verdict in favour of the wife of the first owner. So, any appropriate advice depends upon examination of the petition, related documents and the final judgment in the case.

R.K Nanda (Expert) 03 March 2015
no more to add.

Anirudh (Expert) 03 March 2015
When (whether it is before the wife of the original owner filed the suit or after) did you purchase the property?
Any way, keep a tab on the happenings, try to get a copy of the order passed by the Court.
You may have to approach a local lawyer well versed in property matters, show your documents, discuss things, and take the matter forward as may be advised by the lawyer. Your problem cannot be addressed in this forum and no definite answer can be given without having first hand knowledge of the entire episode, documents etc.

ajay sethi (Expert) 03 March 2015
agree with MR anirudh

nagaraj (Querist) 03 March 2015
Hi All,

Thanks to all of the above experts for sharing your valuable thoughts.

Now I have contacted the local lawyer and proceeding with him.

Thanks,