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Jai Singh (hr )     12 May 2012

Gpa validity if one plot has 2 gpa

Dear Expert,

My father has purchases a plot in 1989 in loni gaziyabad from a big coloniser thrugh Registry, After few year our plot including around 50 other plots area was given back to farmer due to some their family issue. Colonise has made a GPA from us. This plot we have purchased in installment & we have all receipt & documents.

Against the above said plot coloniser has given us another plot throgh GPA in 1999 but he has charged some security etc. charges from us & given receipt of them. We have built a small room and has  continou possition

But in may 2011 some local bhu mafia (dealer ) claiming ownership on said plot & dimolish the boundry wall & romm. we have made a complaint to local police & make a complaint through register post to SHO, DM, SSP but no further action taken. Dealer has shown a GPA to us that he has purchase this plot in 1996 which has stamped from silampur court.

Now he started some construction work on said plot in may 2012.

Please advise what should be done by us.

I have  a few questions.

1. Which GPA in valid.

2. Is it neccessory to take stay order.

3. in present who is owner of plot in court view.

4. Can we file civil & criminal case against bhu mafia without any FIR & stayorder.

5. Can a coloniser issue two GPA of a plot , if yes can we file a criminial case against him

6. If a coloniser accepted that he has issue two GPA of a plot then what amout should be charged a) market price b) circle rate c) price which we have purchased.

Thanks & Regards

Dayal Singh



 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 May 2012

 

1. Which GPA in valid.

Hard to say - though normally the ones antedent in time take precedence, have to see the documents.  

 

2. Is it neccessory to take stay order.

Take a mandatory injunction + Recovery of Possession (if you are not in  possession already) 

 

3. in present who is owner of plot in court view.

Can't say without seeing documents - in such cases whoever is in possession is in better position because possession is 9 points of ownership. 

 

4. Can we file civil & criminal case against bhu mafia without any FIR & stayorder.

Certainly Trespass, Criminal Intimidation + Inchoate Extortion can be filed - if police refuses to help - file 156(3) before Magistrate concerned. 

 

5. Can a coloniser issue two GPA of a plot , if yes can we file a criminial case against him

 

Yes for cheating/forgery etc. 

 

Feel free to talk !


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