X is the original plot owner who made the GPA to Y. The GPA was registered in year 2000. I made the sale agreement to buy the property and paid 4 lakhs in cash and rest wanted to go through bank loan. Applied the bank loan and it was approved. Finally bank said they will release the DD in the name of the original owner X, but the GPA holder Y saying they need the DD in their name. As per the bank it is legally correct that they will release the DD in the name of the Original owner X. Even in the GPA it is mentioned that GPA holder Y can sell, but not where mentioned anything about the financial accepts.
Now the GPA holder Y is saying that he will register a new sale deed in her wife name next week. Then I can buy directly from GPA owner’s wife through sale deed.
When I did some investigation and I found that the original owner X has died a year back, now the GPA is invalid, this matter I did not discuss with the GPA holder. Before making the agreement GPA holder Y mentioned me that the original owner is still alive and now he is ill and he staying in abroad.
My agreement is valid for another 20 days, Is it safe to proceed to buy or what actions do I need to take to recover my money. My concern is that they will not refund very easily as I spoke and they are saying they will register through the sale deed from the GPA holder Y wife.
My concern
- Is it safe to buy from the wife of the GPA holder Y after its registered new sale deed? As there will be a one transaction and the stamp duty will be paid?
- Will be there any future concern for me if original owner’s wife or children claims. Who will be held responsible? Will it affect my owner ship on the plot in future?
- If I decide to ask the advance money back, and if they say no, what is the legal action I can take on them?
- Do I need take legal action before my agreement expires?
- Can I tell them the I found out that original owner X is dead (this may cause issue in getting my money back)
Please advise me earliest as possible as the GPA holder Y is registering the plot in his wife through sale deed in 2 days. Appreciate if someone can answer my concern.