Issue with property purchased from notarised gpa holder.
nagaraj
(Querist) 19 February 2015
This query is : Resolved
Hi All,
property Transaction details is as below,
1. 'A' got the notarised GPA before 2011 attested by wife and affidavit from first owner and sold with sale deed to X.
2. X has sold the property to Y with sale deed.
3. 'Z' we purchased the property from 'Y' with sale deed .
4. Now First owner wife ie, who executed GPA has filed the case on GPA holder X.
5. So what we will be the impact on Z who is in possession of the property because often they come and tell there is some case against this house.
First case which was filed aginst GPA holder was disposed and nature of disposal is reject. And now one more new case has been filed against GPA holder.
please let us know how to deal with this.
Thanks,
Daksh
(Expert) 19 February 2015
Dear Mr.Nagaraj, It is evident that there is nothing to say and suggest that the GPA holder acted contrary to the mandate of GPA in his favour that means and implies that GPA holder acted in good faith as per the wish of the Principal i.e. GPA's author. As the things stands if the GPA is not revoked then automatically it binds the principal. More than that as you have stated that once the case has already been adjudicated as non maintainable and plaint being rejected on the basis of principle of res judicata any civil suit amongst the same party/ies and on the same subject matter is legally not permissible. Hope this clarifies.
Thanks and best regards
Daksh
Adv. Sagar R. Jadhav
(Expert) 19 February 2015
Kindly note that transfer ownership of property is no
Adv. Sagar R. Jadhav
(Expert) 19 February 2015
Kindly note that transfer of immovable property is no more allowed through GPA since 2011. Supreme court restricted transfer of interest, title and rights of property through power of attorney.
Rajendra K Goyal
(Expert) 20 February 2015
The GPA and affidavit need to be referred, Consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
If the first owner has filed a case against the GPA, let the agent answer and respond to the case, have you been impleaded as a party to the suit, then what is the suit, without proper details, it will be difficult to give any opinion.
nagaraj
(Querist) 20 February 2015
Hi All,
Thanks all for your valuable time, here we have not been included as party in the suit.
Here the First owner was paralyzed so they have executed notarised GPA with wife signature and affidavit also. And there is an acknowledgement on 50Rs stamp paper of wife saying that no children's and she has got some X amount on this and there are no further claims from this property.
Even after all this they have filed case on GPA holder which got disposed and nature of disposal was rejected. And once again one more case has been filed on GPA holder.
Recently Some court notice came to house but we said now no one on that name leaves here because it was not for us so he went without delivering.
we dont know the full details of the case filed but only thing I saw the status on the internet.
And also some of their relatives often come to house and tell my parents that some case is there so my parents get worried.
we are in the possession of the property for past 5 years So dont know what will be the impact of this case on us and what step would be good for us.
Please advice.
Thanks,
