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Behumble (Engineer)     29 January 2024

Double gpa transaction and then sale deed (its my mother hard dream home)

Hi 

Party A(First GPA) brought a plot from LandOwner In 1991 Through Registered GPA.

Later My Mother(Party B- Second GPA) bought above plot in 1995 From Party A  Via Registered GPA.

Later My Mother(Party B- Second GPA) executed a SALEDEED in 2014 to me and my brothers. 

Now i see there is a double GPA Transaction and now the Landowner is also died. Is there any way i can fix the above transaction . We are staying in the same plot by constructing house from 24 years.

Note: We tried to get a confirmation deed from the granddaughters of LandOwners But there are asking more money (60%) of the market value. This is my mothers hardearned money and i wanted to save this. Kindly help me  



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 January 2024

The party of A purchased a plot from the landowner through a GPA.  So party A can sell the property if such a clause in GPA but he could not sell through GPA is INVALID. And automatically your mother could not sell the property.  Now you may file a declaration suit in a court of law as you have all enjoying it for 24 years.

Behumble (Engineer)     29 January 2024

Thanks for your reply .

My mother biggest concerns are below

 

1. the landowner has died and entire chain of gpa will be invalid as the GPA is valid till the primary is alive ?

2. What should be the declaration suit ? Its contents ? Will it involve landowner of first GPA holder ? 

3. First GPA holder is still alive I think (Not Sure) . Is there any thing which we can get it from her and make this corrected ? But Note : again the landowner has died 

4. Can someone (legal heirs of landowners) claim our house as theirs and involve us in civil court cases ? 

T. Kalaiselvan, Advocate (Advocate)     30 January 2024

A GPA holder cannot transfer his power to another power agent if there's no specific clause authorising him to do so.

Therefore the second power agent cannot claim title on the basis of this subsequent GPA.

In that case she cannot sell the property on the basis of a faulty GPA granted in her favor.

Suit for declaration of title perfecting law of adverse possession also may not be maintainable.

You may approach the legal heirs of deceased landlord.


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