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DharaniPriya (-)     27 February 2019

Property dispute

A vast piece of land comprising of many owners were gifted to the Panchayat and converted into layouts/plots and got approved by CMDA. The plot that I bought is made up of 2 survey numbers gifted by 2 diff owner. Now my plot was owned by A and B who gave GPA to C. After a year, A revokes the GPA but B's GPA to C is still live. C proceeded to sell the plot to D and was successful. EC shows D as the rightful owner and he has been paying the taxes for the property. A files a suit against C for injunction on creating encumbrances and alienating.

I was not aware of this dispute and entered into Sale agreement with D. Can anyone please let me know if I can do anything legally to proceed and rectify the issue?



 8 Replies

Suhail suhail (LAWYER)     27 February 2019

You must find out if there is any case pending in any court regarding the property. was there a sale with D ,if yes the his title if ok.

If there was no sale deed then you need to be careful before proceeding. 

Suhail suhail (LAWYER)     27 February 2019

You must find out if there is any case pending in any court regarding the property. D has purchased the land by way of registered sale deed ? ,if yes then his title is ok. If there was no sale deed between C & D then you need to be careful before proceeding.

DharaniPriya (-)     27 February 2019

Thanks for the response Bilal! There is a pending suit for injunction in the court by A and no order passed yet. Sale deed from C to D exist and it has been cleared. Will A still have claim in the property? Is there a Statute of limitation on property dispute?

Kindly help!

1 Like

Suhail suhail (LAWYER)     27 February 2019

Can you tell me after how long A revoked the GPA, and was the sale deed between C& D after the revocation or before the revocation.

1 Like

DharaniPriya (-)     27 February 2019

A revoked GPA to C after 3 years of granting it. Sale deed from C to D has happened 3 years after revocation.

Suhail suhail (LAWYER)     27 February 2019

That is really problem, actually due to price hike the greed make people to be dishonest and breach the commitments.

The base of your sale is on the sale deed between C& D ;If A could show in the court that his GPA was revoked by him and the revocation was conveyed to C  he could get the part of sale deed to be declared as null  & Void as being executed without any authority.

However really it is too hectic, As C has already sold to D and may be he will show less intrest to follow up the case and brunt comes upon D and directly effects you. Better to get rid of this problem, you can claim best title over B's share as  for A's share the title is in dispute and it can go either ways.

Sorry to say that . Have you paid full?

1 Like

DharaniPriya (-)     27 February 2019

Thats unfortunate! I have paid just the advance for now. Guess Ill have to drop it. Many Thanks Bilal! Appreciate your prompt responses.

1 Like

Suhail suhail (LAWYER)     27 February 2019

You are most welcome. 

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