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srinivas (partner)     25 November 2010

Power of attorney

 

 was given a registered GPA on a property for a consideration paid by my aunty 12 yrs back. now both my aunty and the other party have expired. but I had already entered into a sale agreement 7 yrs back and posession was given to the buyer .  Now the parties son has filed a petition for partition and got  1/3. but in the judgement it is clearly mentioned that that particular petition was filed with malafied intention. it also says that if the petetioner wanted to resolve the issue he should have included all the concerned parties. now i have 2 Q?

1.   what should be my next step

2.   As am only a gpa holder to what extent will i be responsible for not being able to register the property. I have not cheated as i was lawfully given the GPA, i have not taken any money. can he file a 420 case

 

thanks


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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 November 2010


Your GPA is no more valid. Moreover it is all ready time barred, buyer cannot ask you to exeucte the regd., sale deed, within three years he could have asked you to execute the regd., sale deed, but it is too late.

Who have filed the parition suit whether the legal heirs of the deceased aunties or the sons of buyer. it is not clear in your question, only you have said parties.

srinivas (partner)     26 November 2010

thanks for the reply. sons of the deceased have filed. but  in the agreement of sale made to the buyer its mentioned clearly that time is not the essence of the deal. I dont mind paying something reasonable but he is asking for the moon. even the son of the deceased is ready to pay some amount.

srinivas (partner)     26 November 2010

son of the deceased had filed for partition. but the problem is in the agreement of salemade with the buyer  its mentioned clearly that time is not the essence of the deal. both the son of the deceased and myself are ready to pay some amount, but the buyer is asking for the moon.Pl. reply am very tensed


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