Arpita 17 September 2021

Gpa issue

We have a property in Hyderabad bought in 1990 through a GPA holder given authority by a mother and son. Later it seems around 2007 the GPA of the above person was dismissed by court based on the case petition by three daughters of above mother. Those three daughters sold the same piece of land with new GPA and the buyer is now challenging our father's registered Purchase Deed. So does this dismissal of GPA means our land is no more ours or it implies for any further sales by the then GPA holder post dismissal of GPA. Are we as legal heirs of our father still owners of the property?

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kavksatyanarayana (subregistrar/supdt.(retired)) 17 September 2021

In the year 1990, you purchased a property through GPA agent. Between the period of 1990 and 2007, is the GPA principals (owners) are alive?

Arpita 17 September 2021

Yes, both the owners and the GPA holder were alive during the mentioned time period.

G.L.N. Prasad (Retired employee.) 18 September 2021

If you are in possession and enjoyment of the property use adverse possession as a shield as you are an innocent purchaser, and not a party to any suits. Let the other party go to court if POA is not fraudulent

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 September 2021

Adverse possession was defined by the Supreme Court in Amarendra Pratap Singh v Tej Bahadur Prajapati as: “A person, though having no right to enter into possession of the property of someone else, does so and continues in possession setting up title in himself and adversely to the title of the owner, commences

Kishor Mehta (CEO) 18 September 2021

Usually a sale of immovable property is not valid if executed with a GPA unless it is properly stamped, executed and registered with property registrar.

P. Venu (Advocate) 18 September 2021

"We have a property in Hyderabad bought in 1990 through a GPA holder given authority by a mother and son" Were the mother and the son the absolute owners of the property? If so, how the daughters have come into the picture? "Later it seems around 2007 the GPA of the above person was dismissed by court based on the case petition by three daughters of above mother" The statement appears to be uninformed. What exactly is the order of the Court? Please post complete facts.

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Arpita 26 September 2021

In continuation, the three daughters filed a petition that their share wasnt considered and only mother and son proceeded with the sale of property. Considering their petition court has revoked the previous GPA done by mother and son and a new GPA was made inclusive of all the 5 members of family(mother, son and 3 daughters).

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