Registered sale deed from a notarised GPA holder
Querist :
Anonymous
(Querist) 28 June 2011
This query is : Resolved
Hello,
My father (late) bought a revenue site in 1995 from a GPA holder and it is registered in Sub registrar office. The GPA holder acquired the land by notarised GPA from land owner. The taxes are paid and revenue(Grama Panchayti) Khata is obtained.The area is recently handed over to Corporation and presently the khata from Corporation is temporarily not issued because of Government policies. Recently the land is fenced by goons and they claim it as their ancestral property. How can we proceed & do we hold the absolute title of the property?
R.Ramachandran
(Expert) 28 June 2011
Where is the property situated?
When did they put up the fence?
Did you make any police complaint? or did you take any other action so far?
adv. rajeev ( rajoo )
(Expert) 28 June 2011
Whether your father has verified all the documents pertaining to the land?
n.k.sarin
(Expert) 28 June 2011
general rule is any document which required registration can be registered only through registered document. Transfer through GPA, GPA must be registered. Some state is exception of this rule.
prabhakar singh
(Expert) 28 June 2011
''Recently the land is fenced by goons and they claim it as their ancestral property''
perhaps,they are aware of some defect in your
title deed,may be notarised GPA.
visit a local laWyer.
Raj Kumar Makkad
(Expert) 28 June 2011
GPA even though it is notarized, do not give title rights in favour of its holder. Principal issuing GPA remains its absolute owner till the expiry of GPA and GPA can be withdrawn by him as and when he deems fit unless it is irrevocable and GPA expires immediately on the expiry of its issuer. It is possible that such Principal might have died and so ownership right now clearly vest with his legal heirs but they should provide a notice prior to taking the possession.
Querist :
Anonymous
(Querist) 28 June 2011
Thanks for your comments. The land is in bangalore. The people who fenced the site do not have any kind of legal document till now except for Pani - Khata for the original agricultural land in which the site is a part.It was fenced this January and last october they approached me and claimed that it belongs to them. Also they asked me to get my documents to verify their claim! Till now only a police complaint is given against a person who abused me physically and verbally but nothing against the fencing which happend few months back.
We are waiting for Government to issue a law to accept the betterment charges for revenue site to get a Corporation Khata.Additionally they have fenced adjacent 4 sites.One lawyer asked me the address of claimants to proceed which is almost impossible to collect. The other asked to file a case against GPA holder which seemed irrelevant for us. So we are in a kind of dilemma.
Querist :
Anonymous
(Querist) 28 June 2011
GPA states that it can be sold,gifted mortgaged by the holder and it is irrevocable (a separate affidavit).
prabhakar singh
(Expert) 28 June 2011
''GPA states that it can be sold,gifted mortgaged by the holder and it is irrevocable (a separate affidavit).''
ok,but u need 2verify,if law in bangalore/Karnataka permits sale /gift/ mortgage of agricultural land even by a notarized GPA,if not,then sale deed becomes void,but in case name your father/your have been consistently recorded 4a period over12years then you have a good case of adverse possession.
