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saradammar (housewife)     13 January 2014

Sale deed executed by gpa holder

Dear sir,

I have a vacant land purchased during 2003 from B who  was  a GPA holder of his father A. GPA is notarised and signed by father.Sale deed executed by son B in my name in subregistrar office.I have paid all property taxeds  till date ,EC in my name,khatha from panchayath taken , power connection in my name since 2009.I have started construction of house now,after  getting approval of building plan.Now A  applied for an injunction saying he hasnot sold the property.Sir please advice am I legally the owner of the land.I have sale deed ,photocopy of GPA, power connection in my name,all tax paid receipts and EC in my name

Regards

Sarada



Learning

 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 January 2014

The GPA for the sale of house property should be a registered one and not merely notorised. However, consult a local advocate with all the related documents. 

2 Like

saradammar (housewife)     13 January 2014

dear madam.

Thanks for the reply.Kindly read the transaction date as 2003.Sorry for the mistake happened.

Regards

Sarada

Biswanath Roy (Advocate)     13 January 2014

Let me know whether GPA is revocable or irrevocable in nature ?  On receipt of your reply I shall guide you..

saradammar (housewife)     13 January 2014

Dear sir,

Thanks a lot .At present I am out of station.Really sorry to say  no copy  is available with me now .but  the power of attorney executed by father to son (notarised ) during 1992 for managing his properties including selling .Based on that ,sale deed  was executed by son (B)  during 1993 and in the sale deed under vendor ,B ( represented by  GPA  of A ) is mentioned.And again one rectification deed also executed during 2008 by son B using same GPA.In all transactions  father was present .But unfortunately no signature of A had noted in sale or rectification deed.I have photo copy of said GPA  executed by father with his signature (notarised ). Sale deed and rectification deed both are registered at the subreistrar office during 2003 and 2008.In both documents there is photo of vendor  (son B )and purchaser ( my self ).Really thankful for your willingness to help me

Regards

Sarada

Biswanath Roy (Advocate)     13 January 2014

I UNDERSTOOD YOUR CASE THAT IS WHY i requisitioned  the character of GPA. If it appears in the GPA that it is irrevocable then your case will be in your favour WHEREAS  if it appears that the GPA is revocable then the father of the Vendor shall give you trouble.

1 Like

saradammar (housewife)     13 January 2014

Dear sir,

When I checked the GPA it is not mentioned whether revocable or irrevocable.It empowered the son to execute  many deeds like selling property,paying taxes ,raising loan in banks and like that under 8 clauses only.Nothing mentioned like revocable or irrevocable.fathers signature in all the pages.and in the sale deed clearly mentioned father A represented by his GPA holder B with complete address and sons photo also there insale deed .Sir Can you please guide me what I have to do for sorting out this issue.Thanks and regards

Sarada

Biswanath Roy (Advocate)     14 January 2014

You file a Declaratory civil suit against father and son praying declaration that you are the absolute owner of the property and along with file an injunction petition under 39 , Rule 1& 2 read with section 151 CODE OF CIVIL  PROCEDURE praying a restraint order against the Defendant not to interfere in any matter of the suit property in any manner whatsoever and/or whatever.

saradammar (housewife)     14 January 2014

Dear sir,

Father has already filed a declaratory civil suit against  me and my people under the same clause as mentioned by you sir, in a vacation district court and court considered it as prima facie ( without considering my caveat which I have taken when I started the construction work )and  passed an order saying that defendant (myself ) ,agents representatives are restrained from alienating the suit properties till the next hearig of 14/2/14.Sir how i have to handle the case.sir should  I go for court case.

Biswanath Roy (Advocate)     14 January 2014

You challenge the Ex-party ad-interim injunction order made by the vacation Bench by an application under order 39, Rule 4 CPC stating that the Plaintiff obtained the said injunction order fraudulently  by suppressing material facts of transfer by sale of the suit property long ago and it is well within the knowledge of the Plaintiff.  Secondly it is perfectly well settled that a person who makes an Ex-party application to court is under an obligation to the Court to make the fullest possible disclosure of all material facts within his knowledge and if he does not make that fullest possible disclosure, then he cannot obtain any advantage of ex-party order. You engage an experienced Civil  Court Lawyer. in your case.  If you need further professional help you may contact me on usual professional terms. MY MOBILE NO.9836858000  E- MAIL -  bnroy.advocate@gmail.com.

                                                                                                                                           B. N. ROY.  Senior Advocate

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 January 2014

Your case is very clear that you are an absolute owner of the property which was purchased by you through a GPA who executed the sale deed on behalf of his principal.  The principal cannot deny the GPA nor can he reject the sale deed.  Challenge the same before the court.

1 Like

saradammar (housewife)     15 January 2014

Dear sir,

Thanks a lot for your advice.Sir, this sale deed executed during 2003 and now they are raising objection .

Regards

Sarada

T. Kalaiselvan, Advocate (Advocate)     15 January 2014

As stated by you that while the GPA sold the property to you on behalf of his principal, i.e., 'A' and also that he was in the knowledge of the said sale of of his property, moreover since the GPA was also in force as on the date of the said sale registration, subsequent to which you have taken possession, transferred all the revenue records and the electricity connection, you possession and enjoyment of the property as an absolute owner has been further confirmed, so it is 'A' who is wasting his time, money and energy over his false, fictitious,frivolous and vexatious  claim.  Give a strong reply and challenge the same properly through a good and prudent lawyer before the court, do not ever go for compromise because there is no weak point on your side. You have a strong case and all the merits are on your side.


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