cansalization of registration
Querist :
Anonymous
(Querist) 09 August 2010
This query is : Resolved
Dear experts ,can a illegal G.P.A registration will be cancelled by actual land owners? here one person have registered the plots to various members on CONDITIONAL G.P.A EXECUTED BY MY FRIEND.WITH OUT OBTAINING THE PERMISSIONS . AND WITH OUT NOTICE TO THE PRINCIPLES,i.e.to MY FRIEND& his family members,when my friend noticed this acts done by G.P.A. HOLDER MY FRIEND ALONG WITH HIS FAMILY MEMBERS WAS REVOKED THE G.P.A. AND GIVEN A GENERAL PUBLIC NOTICE IN NEWS PAPERS .CAN THE G.P.A. REGISTERD PLOTS ARE VALID ? HOW TO CANCELL THE SAID G.P.A .REGISTRATIONS ? WERE SHALL MY FRIEND ADDMITT THE CASE? KINDLY REPLY TO MY QUERY .URGENT ,THANKING YOU SIR.
s.subramanian
(Expert) 09 August 2010
you have give me the conditions in the G.P.A. then only i can see the kind of violation done by the agent.
Querist :
Anonymous
(Querist) 09 August 2010
Dear expert,the terms & G.P.A.conditions are
1.Wereas the principles are the absolute owners and possessors of the non-agricultural land bearing survey no xyz admeasuring 16-acers situated in the lay-out of m/s s.co-op-h.society ltd ,YOUSFGUDA Hyderabad HEREIN AFTER CALLED THE SAID SOCIETY.
2.Whereas the society has purchased the said land on 16-june 1974and made a lay-out allotted the plots to various members and the vendors have executed an agreement of sale of each member of the said sosiety pursuant to the earlier agreement of sale dated 16-04-1974it is thought expedient to execute the POWER OF ATTORNEY in favour of srixxxxx to effectively pursue the clearence of the society in urban -land cealing authority/etc and to execute and Register the land to the socity on behalf of the vendors and then execute register sale deeds of indual plots to the members the of the secretary of the society.
3.were the executants are permenent residents of hanamkonda and could not go over to Hyderabad every time and could not look after the affairs of the lands and wereas it is found expedient to give give the present power to the attorney-holder,for for effective convayance of the land to the said society and wereas the executants having effective conveyance setteled the matter with the society for all purposes ,save for registrations of land in favour of society this irrevocable power of attorney is made.
NOW THE ATTORNEY is therefore authorised to do the following.
To execute and present documents of sale alienation transfer regarding the oroperty namely viz: all the pecie and parcel of land bearing survey no:xxx admeasuring 16-0acers situated in the lay-out of the m/s s.co-op.h.society Ltd. yousfguda ,Hyderabad,Before the registrar/sub-registrar having juridiction over the property and trancaction in favour of the society again in turn as secretary of the society execute and present documents of sale in favour of each individual members of the society.
and entre into agreement of sale /transfer/lease etc:to pass receipts etc.
To sell the property to the society individual members of the nomniee vide agreements of sale Dated 16-6-1974 ;and 8-2-1984.etcs.
4. Appoint Agents Attorneys Advocates in to fix and pay remunaration etc.,to sign and verify all the pleedings ,vakalaths reprasentations ,to intiate legal proceedings and to counduct /and defend the same till the final stages ,to settle and compramise all or any of the matters is dispute.
5.To represent the princpel before all the officers /forums Governaments to pay taxes outstandings etcs,
6. To obtain clearences like Urban land-cealings Tax Clearence and NIL Encumbrances etc the vendors as wellas the society shall be responsible for the lawfull conveyance of the plots.
7.To do all the lawfull things deeds ets.;and the principle does hereby understand to ratify allthe said acts done by the Attorney as if done for and on behalf of the principal.
EXecuted at hyderabad on the 19th day of november 1984.
this is the terms and conditions made in the gpa. here sir the said society was terminated in the year 1979.due to lac of missoppropriations done by the society . and the land was not transsffered in the societies name through registration by principles vendors. self styled secretry was missused the powers of gpa and executed the registrations to individual members .1984-1988 . the gpa was revoked in the year 1988. by principles. in 1984 the land owners was entered into notarised plot individul plots on behalf of said society, nearly 150 plots .as per 1974 agreement of sale on 5/rupees stamp paper and the secretry missused the terms and conditions of agreements .now there are only some plots were left . nearly 70plots was registered by secretry. and remaining was not registered . still date after cancalization of gpa the secretry was escaped. it is the fact true case. and now there is nowere the society at present.all of the members are illegally occupied the plots by mch fake door numbers. now the said land is most valuable land . was grabbing by un-valid notaries agreementsof sales on 5/rupees stamp papers which was done in 1984-1988. this is the case .and as per agreement terms 1974s the members &secretry was not payed balance amounts to vendors still date .now the actual land owners are suffering a lot of untoldship problems. kindly give good suzesstion how to approach the case? urgent please.kindly reply .
Chanchal Nag Chowdhury
(Expert) 09 August 2010
Was the GPA Registered? If not,then Principal may have a case otherwise, it will be difficult to squeeze out of it as already 3rd. party rights have been created by the GPA.
Querist :
Anonymous
(Querist) 09 August 2010
G.P.A.WAS REGISTERD AND SAME WAS REVOKED IN THE REGISTRATION OFFICE IN1988
