Querist :
Anonymous
(Querist) 07 September 2011
This query is : Resolved
My mother who is the sole owner of the house gave AGPA with possion 3 years back they gave 50 lakhs cash and promised to pay the remaining 2 crore till now they did'nt paid anything and now the property worth is 4 crores market price and till date we are staying in the same house and recently we completed the unfinished work in the upstairs but now they are claming 2 crores for the cancellation of agpa .what are the legal options i have to claim the property or else i have to pay the amount what they are claming to retain my property,I am urging them to consider for 1 crore but they are threating us to vaccate the house.Please help us .Thanking you seeta
M/s. Y-not legal services
(Expert) 08 September 2011
Since your mother is a sole owner of that property she can cancelled the power of attorney without waiting for any one. And the power of attorney does not be include or mentioning any money transactions.
Advocate Rajkumarlaxman
(Expert) 08 September 2011
As stated by our expert GPA does not have money transaction details so either you can cancel the same and give notice to that effect and see whwther for the same transactions your mother has given any other agreement or signed any agreement in regards to the amount stated.
Sailesh Kumar Shah
(Expert) 08 September 2011
rightly advised by Mr. Tom and Mr. RajkumarLaxman
Raj Kumar Makkad
(Expert) 08 September 2011
This situation is win win for you. Ensure cancellation of GPA and its notice to its holder and its public notice in any news-paper and let them come thereafter. You are even not required to refund Rs. 50 lakh what to say 2 crore or 1 crore.
Sailesh Kumar Shah
(Expert) 08 September 2011
if agreement is registered, you have to file cancellation of agreement in the civil court stating that terms and conditions is not obeyed by other.
Querist :
Anonymous
(Querist) 08 September 2011
thank you experts for ur valuble replies,but even today AGPA(AGREEMENT OF SALE CUM GPA WITH POSSESION)holders came to the home and harassing us that vacate the house or else police will make us vacate the house.in AGPA it is mentioned only 50 lakhs. till date we r paying property tax,electricbills on my mothers name.even we have every bill of completing pending work recently. pls guide me how to safe guard our house.thanking you,seeta (hyderabad)
prabhakar singh
(Expert) 08 September 2011
You people keep half in and half out,that is why fail to get a correct advise.
In main Query you simply stated existence of a GPA now you are stating that it is an agreement to sale with possession parted to them written deed.
Hence you need to file a suit of cancellation of that agreement that agreement was bad and not true and no possession was given and you are still in possession and have right to remain in possession and the court may protect it by injunction order as they want you out forcefully by illegal forceful activity without right. So do not waste time,engage a local good civil lawyer and file a suit of cancellation and injunction with out any delay.
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