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Maloji rao ghodkar   01 September 2023

Real estate fraud

An individual was lured to enter into agreement to purchase of house site paying sum of about Rs. 16,00,000/- to the seller who claimed that he is the owner of the house site and promised to  execute sale deed after receiving the remaining amount of sale consideration from the purchaser.  Meanwhile, it is revealed that the seller does not have title and ownership over the house site but it vests with another, who is the real owner and who allows the seller to market the plots and after finalizing the deals, then  the real owner receives the cost of the plot and executes GPA in favour of the seller (who executed sale agreement initially) and he executes sale deed in favour of the purchaser.  Now the real owner contends that he did not authorise the seller to enter into sale agreement and he  is nothing do with the sale agreement executed by the seller.   There are two instances where, the real owner executed GPAs in favour of the seller who receives the amounts and executes sale deeds in favour of the purchasers of the house sites.

Pl advise as to how to rope in the original / real owner in the case to bind the agreement of sale executed by the seller and to pay the remaining cost of the house site and to obtain sale deed from the real owner or through his authorised GPA.

Thanks

G M Rao



Learning

 3 Replies

Anwar   01 September 2023

was GPA registred document if yes then under Rti Apply for Copy from registrator office ok any issue or clarfication call me 9845591374

P. Venu (Advocate)     01 September 2023

Such sales through GPAs are no longer valid in view of the law laid down by the Supreme Court in Suraj Lamp & Industries.

T. Kalaiselvan, Advocate (Advocate)     02 September 2023

If the owner has given a registered GPA to the person who negotiated this property deal with you, then this person can enter into the shoes of the owner to sell this property and if he is refusing then you can file a suit for specific performance of contract.

However if the person posing as seller is not having any authorisation to sell this property, then you cannot rope in the original owner  but you can initiate recovery proceedings against this person who took initial booking amount from you and also can lodge a criminal complaint with the local police for the acts of cheating. 


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