Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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M. Kannan (Consultant)     26 October 2010

Validity of GPA executed for full consideration.

Mr. X executed a GPA in favour of Y for the full consideration. Mr. X received the full amount of the site and executed GPA which is registered in Bangalore in the year 1980. Mr. Y has not sold or constructed any house. I would like to know the ownership of the site. Mr. X is no more. Whether Mr. Y can sell the site to anybody since he is the owner of the site and he paid the full consideration to Mr. X already.



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 October 2010

Onthe basis of the GPA Y cannot claim his ownership over the property.  To prove the tittle regd., sale deed is required.  Moreover x is died, so GPA exeucted by X  in favour of  Y is also not valid.

niranjan (civil practice)     26 October 2010

When full consideration is passed and mentioned in the GPA and accordingly stamp duty is paid,though not mentioned in the title that it is irrecoverable GPA but it amounts so and so the holder of GPA can sell the property even when the owner is dead.

DALJIT SINGH SODHI (LEGAL CONSULTANT)     26 October 2010

UNLESS ADVERSE POSSESION IS PROVED ON SOLID\STRICT PROOF OF EVINDENCES OR OTHERWISE.AS IN YOUR CASE IT IS CLEAR THAT SAID PERSON WHO HAD ATTORN YOU IS DEAD GPA CAN ONLY BE CHALLENGED WITH STRICT PROOF OF EVINDENCES TO PROVE OTHERWISE .

Dalip Kumar Chhabra (Advocate)     08 November 2010

for redressal of grievance kindly go through :

(i) 1999 Rajdhani Law Reporter - 20 - decision in case Kuldip Singh Suri Vs. Surinder Singh  and

(ii) 94 (2001 Delhi Law Times, 841 (DB) Delhi High court.. Asha M.Jain Vs. Canra Bank and others.

        I think the judgment would redress the grievance. 

B Happy..  Happy Diwali to alll of friends on the site.

Dalip Kr. Chhabra Advocate. 9811131089

kvss.prabhakar rao (Advocate )     29 January 2012

Mr. Daljit sing openion is correct. let us verify the judgment rendered by Mr Dalip Kumar Chhabra.


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