Ownership status after gpa cancellation
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
Hi sir,
-B is GPA holder from landowner A,
-B registered the agricultural land of 14 guntas out of 33 guntas for C (that is me),
- Land owner A caught hold of B and cancelled the whole GPA which is for 33 guntas,
since B bounced the cheque amount 5,40,000 for A which is mentioned in the GPA agreement doc.
- But the cancellation of GPA happend after my registration of 14 guntas (out of 33 guntas)
The following are my questions:
-What is my ownership status? am I still valid owner for 14 guntas legally?
- In case if my registration is invalid pl suggest an approach to get the justice for me?
Pl let me know.
Thanks and regards,
*D
ajay sethi
(Expert) 05 September 2011
1)you have said B is power of attorney holder of A . was the power of attorney registered?
2)it appears that subsequently out of 33 guntas 14 guntas was sold to you by power of attorney holder .
3)when was power of attorney revoked by A ?
if revocation of POA was after property has been sold to you and sale deed registered then you are the owner of 14 guntas .
prabhakar singh
(Expert) 05 September 2011
This answer is written on premise and assumption that the GPA by A in favor of B was a registered one with power of sale.
Since the cancellation of GPA by A was made after your registration of 14 guntas (out of 33 guntas){then if sale of part holding permitted under local laws of the state}YOUR SALE DEED IS VALID AND BINDING ON "A" &"B"BOTH.
SO YOU NEED NOT WORRY UNLESS LAW IN STATE DOES NOT BAR THE SALE OF PART ON THE GROUND
OF FRAGMENTATION.
IN CASE LAW BARS IT ,YOU CAN SUE FOR REALIZATION OF CONSIDERATION PAID BY YOU.
ELSE YOU ENJOY WHAT YOU BOUGHT AS THE SAME IS BINDING ON OWNER AS TOLD ABOVE.
Querist :
Anonymous
(Querist) 05 September 2011
Dear All,
thank you so much for your quick and breath taking reply.
- This is a registered GPA and I have also received the original GPA copy.
- And the landowner A cancelled the GPA with B after C registration only.
I am belongs to Andhra pradesh and the land purchased in the suburbs of Hyderabad. And to understand better sir prabhakar singh answer.
- Does it should be mentioned that GPA holder can sell the part out of 33 guntas in GPA registered doc.
- If not the above, what is the local (Andhrapradesh) state law in selling the part 14 guntas out of 33 guntas land?
In the above terms am I still valid owner legally?
- Pl confirm.
Thanks and regards,
*D
Chanchal Nag Chowdhury
(Expert) 05 September 2011
U R the owner of the portion of land purchased by U. What is your problem?
Raj Kumar Makkad
(Expert) 05 September 2011
Part of the property can be sold. If GPA holder was holding GPA for 33 guntas and he sold only 14 guntas out of that land then it is totally valid sale and thus you are a valid owner of the purchased land.
Querist :
Anonymous
(Querist) 05 September 2011
Thank you so much sir,
As I was told by the local lawyer that the Salesdeed of C is invalid, as the original registered GPA ('Agreement of Sale cum general power of attorney with posession') doc has itself failed the criteria.
I just wanted to double confirm,
-Is the saledeed of C is valid and legal?,
as GPA holder B bounced the cheque of the property value of RS 5,40,000 for the landowner A (after registration to C)?.
Pl confirm.
Thanks and regards,
*D
prabhakar singh
(Expert) 06 September 2011
Is the saledeed of C is valid and legal?,
Yes is my answer!
as GPA holder B bounced the cheque of the property value of Rs. 5,40,000 for the landowner A (after registration to C)?.
ANSWER
It relates to owner and his agent(POA)for which you a third party acting bona fide and paying consideration to person authorized by owner him self can not be held liable for any of the duty failure caused by agent B towards owner A rather both A&B are legally bound jointly as well as severally by the sale deed executed in your favor by B on behalf of A.
Querist :
Anonymous
(Querist) 13 September 2011
Dear All, Thank you so much for your kind response.
But the issue is now, neither A (land owner) nor B (GPA holder and the GPA has been cancelled now) is ready for marking the boundaries for 14 guntas (out of 33 guntas) of my site.
Kindly advice how to proceed further on this?
Thanks and regards,
*D
prabhakar singh
(Expert) 13 September 2011
you can enforce your right by a partition suit if no length and breath detailed with any boundary stated in sale deed.
In case your sale deed specifically specifies
the portion of area 14 guntas bought by you,then you can file a suit for injunction
against the owner who still owns 19 guntas,praying that he be restrained from interfering in your title and possession of the specific plot area identified by boundary in your sale deed which has been bought by you.
Querist :
Anonymous
(Querist) 26 September 2011
Dear Sir,
Thank you so much so far for your reply.
Is there any suit which can I file on B as well?, as it seems clear to me that B is irresponsible/pre-planned in cancelleing the 33 guntas in co-ordination with A ?
Pl suggest.
Thanks and regards,
*D
Querist :
Anonymous
(Querist) 27 September 2011
Dear All,
The above question is very important for me to proceed further on this issue.
so kindly reply for the following questions:
- Do I have any right to sue B ?
- If yes what is that suit I can file ?
Thanks and regards,
*D
prabhakar singh
(Expert) 01 October 2011
YOU CAN SUE THEM TOGATHER A as WELL as B,but if you sue only B but not A it would be not of much help to you.
R.Ramachandran
(Expert) 01 October 2011
Yes, you have to file a suit for partition. You have to make both "A" and "B" as parties to the suit.
