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(Guest)

Sale agreement cum gpa

We have given Rs.24 lacs to a person on sale agreement cum GPA by registering with local Registrar office by paying stamp duty and the person has given sale agreement cum GPA to us 50% of the total land and building which was not physically demarcated but legally on papers.  The same person has taken several loans from several people in the city by giving promisory notes and cheques.  We have given the said amount for interest which was not paid for the last four months.  Now the person is absconding.  Shall we go and register the sale deed to make it absolute title by becoming vendy and vendor?..By spending 1 lakh if we do complete registration in our favor will it help when anybody puts an attatchment on the property through court OR shall we keep saleagreement cum GPA? OR is there any proper course of action?



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 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 February 2016

you shall go for attachment of the property as the sale cum gpa is in your favour.  consult a local experienced counsel with the copies of documents/papers you have.

Adv Akhtar Ali Sheikh (Property Law Consultant)     05 February 2016

your query is vague to some extent.

do you mean that the person on the security of his purchase document and the gpa taken a loan of rs 24 lakhs fom you and further he has sold 50 percent of the same by registering a sale deed and gpa in respect of 50 percent?

if above is true you are secure to the extent of 50 percent and further you may  approach the court for declaration and partition before more litigation crops up.

 

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 February 2016

Query requires elaboration

Riyaz (Chowkidar)     12 February 2016

Sir,Need help please, after my fathers paasedaway I and my mother taken loan Rs.1,50,000 /- againest our house by registerd mortigage (NOT GPA). After 10 years he filed in court for claiming 12,85,000/-. We negotiated him by saying that it is only property we have and settilment for Rs.5,00,000/- but he denaied. after I consulted a Lawyer and filed counter in that lawyer says our house land assained land is not eligible for registration as some AP Money ladaring act it is not eligible for file the case in court like that. please help me I want to sale my house for my sisters marrige. Thankyou


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