Transfer of property, without cancellation of gpa
shakeel
(Querist) 22 May 2013
This query is : Resolved
I was working in abroad. I have purchased a property in 2005 in B’lr through my co-brother, who is a local guy and have trust at that time. As per his suggestion, I was thinking to buy another property 40'x60' by disposing this 30'x40'. By trust I gave notarized G. P.A (for sale and to do any sort of transactions) and handed over all original documents in 2007 for exchange of property to my co-brother. He let out the site on rent and signed agreement on my behalf as holding G.P.A. In my visit to India in Jan’2008, I have shifted my family to B’lr. We had discussions with co-brother to return all documents along with G.P.A.(didn’t proceed to cancel G.P.A as per procedure) he agreed for that and I have transferred the property in my wife’s name on 28th January 2008 to take care and informed to tenant personnely and through e-mails also. Tenant agreed to pay rent to us since 1st Feb’2008. Several e-mail communications done with tenant for the payment of rent, in mail also he was agreed, but didn’t pay rent. My wife didn’t apply for khata transfer immediately as we are not aware much and i was in abroad. My co-brother take the advantage of notarized G.P.A and transfers the property on his wife’s name on 31st March 2008 and obtain Khata in his wife’s name immediately (as E.C clearly indicates the transfer of property by the owner on 28th Jan, 2008 and second transfer by GPA on 31 March, 2008 by which GPA got ceased by change of ownership. We applied for Khata in Jan’2009. We came to know that khata has been issued in the name of my co-brother’s wife. We filed a petition to the D.C to revoke their khata. We also filed a case against the tenant in 2009 for ejectment. In 2010 Tenant and my co-brother collided and by suppressing the facts, co-brother filed a case against tenant in another court based on khata / sale deed and got the decree from the court as possession holder by ejectment of tenant, so our 2009 case got infructuous, In that same case we filed an applications to add co-brother and his wife as parties. Recently Khata has been revoked from my co-brothers wife and transferred in my wife’s name by corporation authorities, again my co-brother W.P in high court by saying the case pending, so high court issued an order to suspend Khata until court decision.
As I was the principal of property and gifted to my wife, by which the GPA got ceased (I transferred the property on 28th January 2008 and GPA holder transferred on 31st March 2008). Verbally I had informed to return that notarized GPA and I returned back to abroad after transferring property to my wife’s name, but he cheated and transferred on his wife’s name. I don't have GPA cancellation document. Recently we filed deed declaration case. Seeking an advice how to proceed with this case and possible consequences. Your valuable responses in this regard is highly appreciated along with citations. Applicable fees will be paid, if required can visit your office. Please forward responses to shakeelbashas@yahoo.com
Regards
Raj Kumar Makkad
(Expert) 23 May 2013
You have a very good case. Though GPA specifically was required to be got revoked but by your act and conduct, you have got it cancelled when you gifted it in favour of your wife during the month of Jan 2008. It is very important whether you in writing intimated your GPA holder about the change of ownership or not.
Gift if accepted by donee and possession thereto if delievered in favour of donee then the relevance of GPA of donor pertaining to the period prior to the gift has no relevance.
Your case is before high court so you have no other option but to wait for its outcome.
Deepak kharat
(Expert) 23 May 2013
In the light of the facts , you should give a public advertisement about the revocation of GPA and also warned the public at large not deal with the property and GPA holder in any form and in case, the transaction will be treated as unlawful.You may also filed a case cheating under 420 IPC and prevent the further misuse.You may also intervene in the WP filed by your GPA holder and oppose the pleadings in the case as fraudulent use of the GPA by your Co-brother and protect your interest suitably.
Anirudh
(Expert) 23 May 2013
Dear Mr. Deepak,
The fellow has already acted upon the GPA and transferred the property to his own wife.
NOW YOU SUGGEST THAT A PUBLIC ADVERTISEMENT IS TO BE GIVEN. FOR WHAT PURPOSE?
Dear Shakeel,
You have to approach a local lawyer, show the papers, discuss things and then take things forward legally, without further wasting time.
shakeel
(Querist) 23 May 2013
Thanks for all. I already filed deed declaration suit and seeking for advice and citations to transfer property without legally cancellation of GPA. As the court may not accept verbal cancellation of GPA, it needs an evedence of GPA cancellation and may void my property transfer.
Ashok Yadav
(Expert) 23 May 2013
Mr. Shakeel,
You appointed a GPA to deal with your property, it does not mean that you cannot deal with that property as you deems fit. Relation of executant and attorney holder is like Principal and agent, a principal has each and every right to deal with all the things which his agent can do.
If your attorney has power to execute sale deed you also have power to execute the same and fortunately you have exercised it firstly so the sale deed/gift deed executed by you will be 100% legal and court cannot cancel it.
You should file a criminal complaint against your co-brother for cheating/forgery and breach of trust, may be court would not allow it but it will create pressure on him.
You have written the GPA was notarised, if it was no sale deed can be regd. on the basis of a notarised GPA. only on the basis of a registered GPA a sale deed can be regd. (As per T.P. Act any immovable property valued more than 100 rupees shall transferred only through regd. document) That sale deed can be declared null and void only on this account, nothing else to be proved.
If any more clarification required you can contact me on my mail.
shakeel
(Querist) 23 May 2013
Dear Mr. Yadav,
Thanks for your guidance. I already filed a Deed declaration case, notices already served. I am looking for citations if availabe related to this regard, which could help my lawyer. As the judge seems littele aggressive. the first thing he is asking for GPA cancellation and questining that verbal cancellation how can be accepted?
Ashok Yadav
(Expert) 24 May 2013
But i am telling that sale deed can not be executed through notarised GPA its not valid.
Citation search is a time consuming work which could be done by advocate who has got fee for the work. But i will tell you that your case is very strong, need not to worry.
