1993 notarised gpa valid or not
(Querist) 24 March 2021
This query is : Resolved
My father received a notarised GPA from the plot owner in the year 1993 by paying 28,000 for 2 sites (4500 square feet) in KR Puram (Kodegehalli ) Bangalore. In several days by the time my father adjusted money for registration, that particular plots survery number was under case and it took 15 yrs to clear that court case. Our plot owner only won the case. Once my father reached him to do registration he was like i will do in some months please wait. As that plot owner was my father s friend my father believed him blindly and have paid the property tax on GPA till date and its in my fathers name only. Always when ever my father reached him he used to tell same thing please wait for some months, now its been 27 yrs since my father purchased the property on GPA and 10 yrs after he won the case. Before 3 months me and my brother came to know this stories and started doing research on that plot and we came to know that 2 plots is sold to some other person in the year 2011 and now they have constructed building in one site and another one is vacant still. When we reached that plot owner he is telling what you were doing keeping GPA these many yrs and he told he can pay only 84,000 (3 times of 28,000) rupees for which 1.8 crore value property in todays rate. He is having lots of property in same area and other areas in Bangalore and Kolar. We asked him to give plot any where in Karnataka but he is not willing for that and states he is under debt so cant help us, what ever you want you do, i am helpless. Also we came to know that plot owner has cheated many people same like this for my Fathers collegues. My father is 68 yrs and owners age is more than 70yrs. I have read in google in 1993 registered GPA was not compulsory, if it was notarised it was enough. Now my question is notarised GPA valid or not as we have not registered the document? If we put case will it stand? How long the case may go as both parties are aged? Will we get justice for this? Please suggest me what can be done as we are financially not strong to spend more money.
(Expert) 24 March 2021
In the GPA, the payment of money is noted or not. However, you shall file a case against him by consulting a lawyer.
(Querist) 25 March 2021
Payment of money is mentioned in GPA
Advocate Bhartesh goyal
(Expert) 25 March 2021
Ownership or title of property does not passes by virtue of power of attorney/agreement to sell .Ownership passes on the basis of registered sale deed or registered gift deed or unchallenged will. Although you possessed notarized poa cum agreement which apparent payment of sale consideration. File suit for specific performance against him.
Dr J C Vashista
(Expert) 26 March 2021
What are the other documents executed by vendor (seller) in favour of vendee (your father).
GPA do not transfer title (ownership) however, it is valid during life-time of its granter and same can be used for evidence.
Consult and engage a local prudent lawyer for institution of a suit for declaration (of title) and mandatory injunction (for directions to seller for execution of sale documents in favour of your father) in the civil court of jurisdiction.
(Querist) 27 March 2021
We have only GPA and affidavit