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Shravan (HOD)     17 March 2014

Gpa cum sale deed

Hello Sir ,

                I had purchased a 200 yrds with house property in 2012 from a lady, she had done GPA cum Sale deed on Dec 07 2012 only for plot not for house due to my innocence, have not checked that , and she said that she woulddo registration later and she asked that she would occupy the house as a tenant so i have agreed for that for a period of one year ,after one year i have asked her to vaccate the house, she is not responding so i went near the property to occupy it ,it was locked so i called her and asked her to vacate the house iam going to occupy it , we had an argument in the argument she said the the property is not yours please go and check, i dint understand what was she saying , so the next day again i went near the property to occupy it , i got a call from a gentlemen saying that it is his property he had purchased it from the same lady 2 months back , i was shocked so i have immediatly rushed to Register Office and taken EC( Encumberence Certificate), i was shocked to see in the EC that there was 2 registrations done for the same property, one was for me GPA cum Sale Deed , another was to the gentlemen ( registration with house ) , 

So please help me out in what legal way i can proceed to get my property back , what cases can i file on them , can i occupy that property now as iam the first owner for that , what law can do for these people please Help me ....



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 4 Replies

adv.raghavan (Advocate,9444674980)     17 March 2014

Clear cut case of cheating , go for criminal complaint against the seller under 417,420 of Ipc, and also file a suit for recovery of money, based on default clause in sale deed, I do not like to advice you to go recovery of property, because it wont serve the purpose.

Shravan (HOD)     18 March 2014

Hello Raghavan Sir ,

                          Thanks a lot for your quick reply , your advice helps me a lot to go further ..

                                                                        Thank You Sir.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 March 2014

file a criminal case as expert advised and get your money back

Ananth (Sr.Executive)     20 June 2014

Sir one more query, my property was bought from a GPA holder (registered GPA from the real owner of the land). Now the real owner who gave the GPA to my seller says he can put a case saying that his daughter can fight (as the family tree was not disclosed that time of GPA registration) and try to threaten us by unwanted laws on the property.

 

He got that land in 1980 from another person. He then converted them into a layout and sold to all. Few of land left out, he gave GPA to my seller and i bought from the GPA holder (registered in EC copy) and registered GPA document exists. Please let me know if this real owner can play smart ?? what are things i need to ensure to be safe.


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