Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deepak A Rao   18 August 2023

Original gpa missing

Dear All,


Seeking your guidance and support on this matter.



I bought a property in 2018 from a seller J Mukherjee, I was in the same property for rental from 2010 onwards.

J Mukherjee (Aged29) got the Absolute Sale deed through a GPA holder (ADSouza), representing ( V Mendonca) in 1998.

V Mendonca was always out of the country, and as he could not visit India for Registration, he had nominated ADsouza as GPA holder to Sell the property.

V Mendonca bought the Property from M Swamy through Sale Deed in 1990.

As J Mukherjee wanted to relocate to US, he approached us if we would like to buy the property and we applied through Bank Loan and got the approval from ICI

The Bank did not question on the original GPA document or Confirmation Deed and just processed on a Scanned Copy in 2018.

I had to switch to a different bank BF and they also considered the documents and gave loan.

I recently again switched from BF to ICI a year back due to attractive interest rates and BF support was pathetic.


Present Issues:

I have been living peacefully here in the same property and planned to scale down with liabilities and hence planned to sell the property

When I provided all the documents that was processed by the BF and ICI, the new buyer asked about the GPA and Confirmation deed.

My lawyer did ask for the same but J Mukerjee did not provide as he only had one scanned copy of GPA, and we had an indemnity clause in the Sale Deed.

As we trusted J Mukherjee due to his rapport we had with him all the years. He seemed to be noble person and trustworthy.


I went in search of ADsouza and V Mendonca based on the address given in Sale deeds and prior deeds.

I found ADsouza deceased in 2016 and V Mendonca is not traceable at all. ( They had sold their property and had changed 3 Buyers) ( Tried various means to track him till the company he was working in)


As I do not have the original GPA and do not have a Confirmation deed of the Sale, I need to sell this property what is the best course of action.


The GPA was not a registered document.

V Mendonca got the property through Self and not ancestral.


Questions :

Should I sue the bank for providing me a loan on a property that has missing documents?

Should I claim Indemnity from J Mukherjee

How to make the Property Legal and the new buyer accepts?


Please advise! Thank you in advance with Gratitude


 5 Replies

Chetan Parmar   18 August 2023

navigating the complexities of a situation like this requires careful and considered steps. Here's a general approach you might consider based on your descripttion:

  1. Consult with a Real Estate Lawyer: Before taking any action, you should consult with an experienced real estate attorney. They will be able to guide you based on the specific laws and regulations of your jurisdiction.

  2. Sue the Bank: While you can consider suing the bank for negligence, doing so might be a lengthy process. The key will be to establish that the bank was negligent in its duty to properly vet the property's documentation before granting a loan. Your lawyer can provide guidance on the viability and potential success of this course of action.

  3. Claiming Indemnity from J Mukherjee: Based on your agreement's indemnity clause, you can potentially make a claim against J Mukherjee. However, it's important to read the exact terms of the indemnity clause to understand its scope and limitations.

  4. Make the Property Legal:

    • Rectification Deed: If there's an error or omission in the property documents, a rectification deed can be executed to correct the error. This requires the participation of all relevant parties.
    • Declaration Suit: If the original GPA holder or the person who granted the GPA is not traceable, you might consider filing a declaration suit in court to declare your rights over the property. This is a legal assertion of your ownership rights.
  5. Possible Solutions for the New Buyer:

    • Title Insurance: If available in your jurisdiction, title insurance can protect the buyer against financial loss from defects in title to real property. It might offer some comfort to potential buyers.
    • Indemnity: Just as you received an indemnity from J Mukherjee, you might offer a similar protection to the new buyer, albeit this might not be a complete solution and could expose you to future claims.
  6. Other Considerations:

    • GPA and Registration: While the GPA you mentioned was not registered, some jurisdictions in India made it mandatory to register GPAs used for the sale of immovable property after specific landmark judgments. The fact that this GPA was not registered may complicate matters.
    • Search for V Mendonca: Continue your efforts to locate V Mendonca, as his testimony or documents he might have could help resolve the issue.

Lastly, while this is a general overview based on your descripttion, every legal situation is unique. It's essential to consult with a lawyer to understand your rights, potential risks, and the best course of action for your specific scenario.

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 August 2023

Ithe principal is reported to have died  whereas  the GPA holder executed the sale deed in favor of your vendor by suppressing the fact of the death of the principal which is again an illegal and fraudulent act.

When the bank granted you loan you were vrey happy to accept the same and also when the second bank offered more benefits in the loan, you shifted to the second bank also for your convenience, but now you are blaming banks for your fault.

You did not obtain legal opinion before purchasing the property, so your hurry has costed you so much now. 




Dr. J C Vashista (Advocate and Legal Consultant)     19 August 2023

Show relevant documents to a local prudent lawyer for better appreciation of facts and professional advise / necessary proceeding.

1 Like

P. Venu (Advocate)     19 August 2023

Admittedly, You had purchased the property from J.Mukherjee in 2018; the deed had been executed the said Mukherjee himself, and not his GPA.

It was the said Mukherjee who had purchased the property from V Mendonca through his GPA A D'Souza in 1998 i.e. almost 25 years back.

And, at pesent, the said Mendonca is not traceable and the said GPA A D'Souza had expired in 2016, This is nothing but natural. No one can live for ever. And a person who has settled abroad could need not be traceable in our country.

So, what is the problem? The query suggests no legal elements. Your title to the property clear and secured.


1 Like

Deepak A Rao   22 August 2023

Thanks to all the learned and experienced professionals  Chetan Ji, Venu Ji, Dr J.C Vashista Ji, in taking the time to reply to my post.

Truly appreciate the time you took and your concerns to lead me out of this. 

I will discuss this with the lawyer and you have equipped me with enough knowledge to start the process.

Thanks once again, with Gratitude

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register