Charyulu KVN (Senior Manager - Admin) 29 October 2018

Release of property rights

I have purchased one residential plot in 2014 in Nellore (Andhra Pradesh). I am the 3rd buyer, earlier two transactions were 2001 and 2004. I have recently noticed that there was one transaction in 1999 through GPA. It means 2001/2004/2014 are duplicate registrations of the same property.

When I approached absolute owner who registered in 2001,he said 1999 transaction was through GPA which was settled and cancelled. But there was no cancellation entry in EC.

Before I file a civil suit, I approached GPA holder also who registered in 1999 and he has also ratified that 1999 transaction was settled. He said he will bring the 1999 buyer and get it signed rights release document so that I can become a undisputed owner of the plot. Is this the right procedure or I have to follow something else? Kindly suggest.

Your suggestion may please be mailed to my mail id at charyulu@gmail.com

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 29 October 2018

File a civil suit immediately.Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

Charyulu KVN (Senior Manager - Admin) 29 October 2018

Thanks for your quick turnaround response. But the registration was done in 1999 and few local advocates told that unregistered GPAs were valid till 2009 hence registration was much valid. But in 2001 both principal and GPA agree for compromization hence settled the amt. to the buyer of the plot. But they did a mistake that this settlement was not registred. Now GPA holder coming forward to help us by getting a 1999 buyer to registrar office and register release of rights documents. Hence I would request your goodself to advice on this, since court proceedings are much time consuming activities and if we can settle out of court in this way if legal wd get a quick solution.

S.N.Raj Kumar (Advocate) 08 November 2018

Ask the original owner of the property in the year of 1999 & Gpa holder( for safer side, if Gpa is still existing ) and 1999 buyer to excute the confirmation of sale Deed or ratification deed ( which already registered in your favour ) in the names of 2001,2004 buyers and 2014 ( In your name )