Gpa fraud
amitdaad
(Querist) 17 December 2012
This query is : Resolved
Sir,
i have a query related to my mothers property if you can give your advise i will be thankfull yo you sir.
in year 1985 johnpaul mabe a GPA agreement with Laxmikanth For a land and in year 1990 john paul sold that land to my mother through all legal formalities but again in 2003 laxnikanth sold that land to naresh.
sir my query is:
1. who is the rightfull owner of this land whether my mother or naresh?
2. can a gpa holder sell without owners concent?
3. if my mother want this land to get despute free what are the legal formalities she need to perform?
Sir please i will be thankfull to you.
Amit Kumar
d.prasad@mail.com
Devajyoti Barman
(Expert) 17 December 2012
1. The first lawful buyer is its legal owner.
2.Yes if he is so auhtoirsed and the GPA is registered one.
3.Nothing, ask her to sell the land.
R.K Nanda
(Expert) 17 December 2012
no more to add.
amitdaad
(Querist) 17 December 2012
is there any leagal way to get the land free form naresh
Nadeem Qureshi
(Expert) 17 December 2012
legaly not, Naresh has became bonafide purchaser of said land.
Raj Kumar Makkad
(Expert) 17 December 2012
1. Your mother.
2. If GPA contains the right to sale then no need to ask or take his consent.
3. file civil suit and get declared subsequent sale-deed as null and void.
vswaminathan
(Expert) 18 December 2012
Querist says,-
“in year 1985 johnpaul mabe a GPA agreement with Laxmikanth For a land and in year 1990 john paul sold that land to my mother through all legal formalities but again in 2003 laxnikanth sold that land to naresh.”
In my most humble view and sincere perception:
1.“GPA AGREEMENT” –
For sake of completeness of the facts, -
Querist will be well advised to clarify as to whether it is a GPA (general power of attorney) in its conventionally understood sense OR
IT IS a document (s) of the same type as dealt with by the SC in its judgment (given wide publicity even in the print media), ruling against its legal validity not long ago!
2. “in year 1990 john paul sold that land to my mother THROUGH ALL LEGAL FORMALITIES”
Again, Querist, advisedly, may clarify whether “All LEGAL FORMALITIES” he refers to means ‘ execution of a proper sale deed and payment of stamp duty”.(SC's verdict requires to be kept in mind)
Now, over to the Querist; also to the learned experts having a hand-on experience and exposure, for any further thoughts, suggestions or comments !
vswaminathan
(Expert) 18 December 2012
RE "GPA AGREEMENT", my point of doubt is by reason of the fact that Querist has, unwittingly or otherwise, referrred to it as an "AGREEMENT"; instead of as "GPA" as is commonly referred to !
Raj Kumar Makkad
(Expert) 18 December 2012
No one can imagine and reply on assumptions and presumptions if the querist do not come forward to clear the facts.
vswaminathan
(Expert) 18 December 2012
Quite right; hence the querist,- as indicated/invited,-is expected to 'come forward to clear the facts', at least now; so that, the experts could reapply their minds, and, after a fresh examination and appreciation thereof, furnish him with a suitable and well considered advice.
ajay sethi
(Expert) 18 December 2012
clarify the issues raised by v swaminathan
K.K.Ganguly
(Expert) 19 December 2012
1) If the GPA was registered and sale was conducted through a registered Sale Deed then your mother is the bonafied owner of the property,
2)Yes, he can because the consent/permission has already been given in the said GPA,
3)File a declaratory suit challenging the subsequent sale deed in favour of Mr.Naresh.
