Civil
Adv B.B.Gambhir #9814820602
(Querist) 15 July 2014
This query is : Resolved
Raunaq Singh executed a gpa in favour of his son Sucha Singh on 22.07.1991 with a hope that he will served.
Raunaq Singh cancelled the said GPA on 14.11.1991
But Sucha Singh executed a agreement to sell on 16.08.1991 in fvour of Manmohan Singh
the time for sale deed was extended on 04.11.1992 upto 30.11.1994.
06.12.1994 Manmohan Singh filed a Suit for specific perofrmance against Sucha Singh only without impleading Raunaq Singh as party
In that Civil Suit, Sucha Singh appeared and suffered a statement in favour of Manmohan Singh on the basis of said statement the court decreed the suit on 06.03.1995
whether the sale deed in favour of Manmohan Singh is valid document
Lawyer SALEEMA
(Expert) 15 July 2014
If the court found that the GPA was legally cancelled, no decree would be passed in favour of Manmohan in the specific performance suit.
However, Court passed a decree in favour of Manmohan.
Unless and until the decree of the Court in the specific performance suit is set aside, it is valid.
Raj Kumar Makkad
(Expert) 15 July 2014
Sale-deed in favour of Manmohan Singh is invalid though agreement to sale was valid and accordingly Raunaq Singh was bound by the agreement but without impleading him in the civil suit is fatal.
G. ARAVINTHAN
(Expert) 16 July 2014
On the date of sale to Manmohan, the vendor have no title over the property and hence the sale made in favour of Manmohan is not valid
ajay sethi
(Expert) 16 July 2014
sale deed is invalid as POA had been revoked
Rajendra K Goyal
(Expert) 16 July 2014
All the documents and court order need to be referred, consult a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
I agree with the experts views o the subject query. Sucha Singh has suppressed the fact that the POA on his name was cancelled (revoked) by his principal and fraudulently extended the time for execution of sale deed upto 30.11.1994. The suit filed by Manmohan Singh on 6.12.1994 (it is not known that whether the same was barred by limitation), appears to be in collusion with Sucha Singh, especially the way the suit was decreed raises many more such suspicions. On the whole, If Raunaq Singh had not initiated any action against the said legal suit, he has to fore go the benefits now as it stands barred by limitation on the present date.
