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Anuj Sharma   16 May 2024

Sale amount

Does gpa giver has right on sale amount of land sold by gpa holder?

I was gpa giver and gpa holder sold my land without my consent,i was unaware about this transaction and i came to know about this after 12 years.

Gpa holder has received sale amount from purchaser but i have not received yet.

Does i have right on this sale amout if yes then how i can challge it in court 

 



Quick Summary
This discussion addresses whether a GPA giver has rights to the sale amount of land sold by the GPA holder. The original poster (GPA giver) discovered their land was sold by the GPA holder 12 years after the fact, without their consent and without receiving the sale proceeds. Advice suggests filing a recovery suit against the GPA holder, but notes the potential issue of the 12-year delay impacting the claim's limitation period. It's recommended to first issue a legal notice to the GPA holder demanding the sale amount, as acknowledgement of this demand could reset the limitation period.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     16 May 2024

You can file a recovery suit against the GPA holder however what were you doing all these 12 years 

What was the terms mentioned in the GPA deed?

Whether to sell and pay the sale consideration amount to the principal?

Please note that the claim may be barred by limitation.

You may consult a local advocate and proced as suggested 

Anuj Sharma   16 May 2024

Whether to sell and pay the sale consideration amount to the principal?
 

Sell and receive the selling amount...

T. Kalaiselvan, Advocate (Advocate)     16 May 2024

This clearly indicates that the GPA holder should have handed over the sale consideration amount to the principal.

You can first issue a legal notice to the power agent to hand over the sale consideration amount without bothering about the limitation clause.

Let him first acknowledge your demand, the limitation will begin from the date of his acknowlegment 

After that you can initiate money recovery suit against him to recover your amount


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