Gpa problem and need ur support for gettting new order
muthu
(Querist) 16 July 2012
This query is : Resolved
I have a revenue site in Bangalore (now it comes under BBMP limit, but when I purchased it was under Panchayat limit). Owner “ X “ has given a GPA( Notary GPA and not registered GPA) to “ y “ and “ y “ has formed that layout. “ X “ has 3 sons and 2 daughters. After real owner(X) death,” y” has executed his(X) GPA to someone .Mean time, Sons of “ X “ have taken power and sold those sites which were executed by GPA holder after their father death. I have taken my site from the sons of real owner(x) after his death. Since, somebody advised me that “ GPA “ will not be valid after death of Donor. After my purchase, I have been in possession and having small house with Electricity connection and tax paid etc. Now my query is whether my sale agreement will be a valid one or not ?. Second : first owner of my site ( who they taken from GPA holder)simply they filed an Objection suit and they forced me to come for settlement. Due to this i couldn’t do my further extension of building construction. What should I do to fight against his O.S and how can I start construction by getting any new order ? Simply they are dragging that case and My lawyer is telling that let us wait for some more time to get order since they filled O.S. Tell me what should I do (filing application)to get injunction or order to start my building construction further legally. ( so far, I don’t file any case against the first owner since I am in possession)
Adv.R.P.Chugh
(Expert) 16 July 2012
Nothing conclusive can be said unless one peruses the contents of both the GPAs. The important question would be whether the GPA in favour of Y, was an agency coupled with interest ? If it was it would not have been revoked even on his death. In which case GPA in your favour becomes ineffective. The fact that earlier GPA is not registered won't make a difference.
Consult a local advocate with both documents.
ajay sethi
(Expert) 16 July 2012
it is necessary to go through the case papers to advise . was property transferred in name of legal heirs after x death? GPA ceases to have effect on detah of owner ie x . how can y sell the property after death of owner as the power of attorney has no value on death of owner
dont carry out any construction without court permission
