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ravi (Self employed)     17 August 2013

Cancellation of gpa on land

Hello gurus,

My uncle has taken GPA for a piece of land owned by five farmers. As per agreement he is about to give the land for development to a construction company. Meanwhile my uncle has given a stamp paper with his signature to another person. My uncle was doing another business along with this third person. That stamp paper was not having anything (blank) on it. The farmers have somehow got that stamp paper from that thrid person and written on it saying that the GPA entered earlier has been void. Now my uncle has paid for the land prior to getting the GPA. Can my uncle go ahead and give the piece of land of construction? or has he lost his right on the land with the signature on the stamp paper? The farmers have shown the stamp paper to us but they have not taken any legal action till now.

Request to please respond.

Thank you.

Ravi

 

 



Learning

 5 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     17 August 2013

G.P.A. is executed and  consideration is paid it can not be cancelled only as per  law G.P.A. can be cncelled. Blank stamp paper whatever is  written legaly not valid.

Advocate Vishnu (Advocate)     18 August 2013

was the GPA registered along with the mention of the consideration received by your uncle...?

ravi (Self employed)     25 August 2013

Yes sir, it was registered by my uncle.

ravi (Self employed)     25 August 2013

Moreover the original owners of the land have written on the stamp paper that my uncle has received back the consideration amount given by him and is agreeing for revoke of "sale cum GPA with consideration".

Advocate Vishnu (Advocate)     25 August 2013

Since the GPA has been registered, your uncle can revoke it only by way of another registered deed which mentions that the earlier GPA stands revoked. The plain stamp paper will have no value. In case if you anticipate any problems, you can file a police complaint for cheating and criminal intimidation against the persons who are threatening your uncle.


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