charu (engineer) 12 September 2011

Adverse position after gpa is not valid time

Hi Experts

we have Agriculture land in AP, total 6 Acres(in that 5 Acres ours Land and 1 Acres my Land beside neighbours family )development the layout purpose some Society people taken GPA (not GPA CUME SALE ONLY DEVELOPMENT PURPOSE) from my father,his brothers(9 family members that time I'm Minor ) and land beside other family people (20 family members they are having 1 Acre) total 29 members signed GPA in 1993 after that 1994 my Father was expired as per my Knowldege GPA Automaticaly cancels so GPA is not valid(now out of 29 memebers 19 members expired ),1995 they applied Layout in HUDA .For this my Uncle went to Trail court we taken Injuction order in 1998 futher hearings our family did not went to court so court dismissed the case(here our family all are illetrate so our Lawyer was also cheated ours)then Society people forwaded the files and got Layout Approval in 2003 from HUDA .

for this case I have some questions

1)As per my knowldege in that GPA given 29 memebrs in 1993 ,out of 29 one memeber was expired with in 6 months time 1994 so GPA Automaticaly cancels or not ?

2)Our Family people Illetrate so they leaved the case if we want fight now from Our side Land Records still our name is continuing so our side Land Records(That time Agrculture land now it's Dry land)+some TAX Recipets and other side they taken 1995 Powersupply and they paid Taxes for Layouts in HUDA side (our GPA Automaticaly cancels time) so who will come Adverse Poistion in this case (if we went court now evidence side I'm asking to show adverse my poistion ) ?

3)for this disputes no one Purchased Plot in that (House Building Society ) Layout no one is done constrcution on that land shall I fight what are the chances to win ?

4)That Society knows very well GPA is no more valid but they proceed for Layout in our Lands Can I file criminal cases in that ?

my main concern is this happened in 18 years back if that society people shown evidence in Adverse poistion (Electricity ,water and some other formalities Layout Taxes in HUDA office ) what are they steps need be taken ? so Please advise how to proceed for this case ?

Thanks

charu

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 September 2011

1. Yes.

2. Your case is mixed of law and facts. It shall be better to show all documents to a senior local lawyer and his advice shall be better for you.

3. Yes. The chnces are better if given facts are true.

4. Yes.

Adverse possession plea on the part of society cannot sustain because the possessionis not ostile and the same only on the bases of GPA and not on the bases of any agreement. Your case is abslutely fit and no law of limitation is applicable. Your possession on the site might be through your GPA which may be sought to be evicted at any time by cancelling GPA (by alive persons).

charu (engineer) 13 September 2011

Thanks for your opinion Rajkumar Sir,

If GPA is Automatically cancels (one of Principal Expired ) shall we need to do below steps

sending Register post we are revoking GPA and file a DEED of Cancellation / revocation too registered in the same Register office and giving paper publicity (But here my beside family is not coming so shall Our Family members 4 people alive is enough or we need all the alive members) plz suggest this

Any suggestions to go to Occupy my place after GPA Cancelation they are not in adverse position Physically (but Evidence document wise Electricity bill ,water bills) or Any other Legal suggestion(any sections .. ) plz give me to solutions to my case

charu (engineer) 14 September 2011

Hi Friends

PLZ give me your opinions’

1)if GPA Cancels Automatically shall we need to file Registered Deed of Cancelation/Revocation for this we need to all the alive members or anyone or two persons is enough

2)Any Legal suggestions/steps to my problems

Thanks

charu