Is sale of land by GPA holder is valid??
sangameshwara
(Querist) 01 February 2011
This query is : Resolved
"A" is ("A" full property is self acquired property as per the records)
"B" is ("B" is son of “A”, he is not having any share in "A" property. since it is self acquired proerty of "A")
“X” is GPA HOLDER from A & B
“Q” is our self.
On 1991 "A"+"B" Given a GPA to "X”,
(GPA registered in SUB-REGISTRAR OFFICE.)
on 2004 Again "A" is gifted the same property to "B".
(GIFT DEED also registered in SUB-REGISTRAR OFFICE.)
on 2005 “Q” We purchased a land from "X"
(SALED DEED registered in SUB-REGISTRAR OFFICE.)
While selling the property by "X" to “Q”, "B" is also signed as witness.
Problem is:
"A"'s grand son filled a suite against us . since it is her grandmothers he is having full right he is saying
"B" also filled a suite against us that these property is gifted by "A" , hence full right of these property is his own. ** Now B is also saying that he is not B, Changing is name as OOO (Both B & OOO is single person)
** A & B & X are still alive
** GPA is not canceled by A or B
** Left thumb impression of A & B & X are in GPA.
1. Let me know who is the having right in this property.
2. If ‘A’ is died what will be going to happen (becz “A” age is around 76years)
3. If "A" is canceling the GPA after sale deed was excuted by "X" to"Q" what will going to happen.
Kindly do the needfull
Basavaraj
(Expert) 01 February 2011
Let me know who is the having right in this property.- Original Owner will have absolute right.
2. If ‘A’ is died what will be going to happen (becz “A” age is around 76years)- You have to prove the same.
3. If "A" is canceling the GPA after sale deed was excuted by "X" to"Q" what will going to happen- Does not stand you case.
According to me: Prior to the registered gift deed, A & B executed GPA in favour of 'X' so that unless and until it has not been canceled, all A AND B rights still remain continue in force with 'X;.
sangameshwara
(Querist) 01 February 2011
1. That means Sale deed executed by X is Valid?
2. GIFT DEED executed by "A" to "B" is valid?
3. Now what is procedure for canceling the GPA(Registed in sub-registrar office)
Basavaraj
(Expert) 02 February 2011
Sale Deed executed by X is valid. Since GPA executed infavour of X and it has not been canceled. Subsequent to this transaction is not valid.
GPA can cancel if rights provided/mentioned in the GPA.
Ajay Gulati
(Expert) 02 February 2011
First and Foremost question is whether the suit property was purchased by X vide GPA or was it a simple GPA?
As far as My circumference of Knowledge is concerned, I would say as soon as a registered gift deed is executed then the question of continuing of GPA does not arise. Now the remedy which I see as available to you is to file a criminal complaint against all of them alleging cheating.
B is now the owner of the property exclusive of everyone unless the gist deed is declared void by a competent court.
M V Gupta
(Expert) 02 February 2011
On the basis of the facts stated by you, and treating the allegations made in the suit by the grand son as not correct, B is full owner of the property as it was gifted to B before the sale took place.
As regards your second query, A's death will not have any effect on the sale made in favcor of Q. After gifting of the property to B, A does not have any rights over the property.
Even if the GPA is cancelled by A after the sale was effected, it will not invalidate the sale already effected in favor of Q.
All the above answers are subject to the condition that the GPA vests adequate powers in favor of X to negotiate, settle price etc for sale of the property in question and sign the sale deed and present it for registration. Q's position would appear safe as B signed the sale deed as witness.
sangameshwara
(Querist) 03 February 2011
In the GSP it is mentioned as u can SALE, RENT, MORTAGE FOR ANY LOAND FROM BANK, ETC., Hence we have purchased the ladn from X. Is there any problem/
RAVI B SHAH
(Expert) 03 February 2011
When B has no right then how he gave GPA in year 1991?
After registered Gift Deed done by A to B then A has no right in that said property so GPA is automatecly becomes null and void.
As you aware about the detail you have to take adbvise form experts before purchasing this property.
Sign of B as a witness is your safe guard.
You have to file a criminal complaint under I.P.C. Sec. 120 B, 406, 420 and 114 for the same as you ware cheated by very well plan act.
sangameshwara
(Querist) 03 February 2011
B was son of A hence for the safer side X requested to sing bother A & B, after purchasing the site from X, we gone for utlising the property, after that we filled a case and that movement we noticed all this things. & sign of B is not matching that much with GPA, But in the GPA & GIFT DEED "B" THUMB IMPRESSION IS THERE.
