Petetion to cancel irrevokable GPA

Querist : Anonymous (Querist) 19 March 2010 This query is : Resolved
Hi,
Mine is a very difficult situation. I have a commerical property (factory) of 1100sq yrds. My grand mother owns the entire property. There is a tenant on ground floor who has occupied 80% of the property. He gave money (around 11 Lacs) to my father (5-6 lacs) & Grand Mother(5-6 lacs) and bought a small portion of the property (130 sq yrds). The aggreement to sell is registered from the last 4 years and few other documents are also signed and registered. The orignal conveyance deed shows that sub-division is not allowed and as he has got great wealth & connections the tenant says that no one can take away this property from him. The money (11 lacs) was taken due to financial problems in the family. However the sale was a bit forced from my father. Now I can pay him some money back if the law allows me to take the property back from him. But I do not know if anything can be done to take the property back or not. Please suggest if I could file a litigation or any case against him. Also I am worried that if I file case against him then he will stop paying the rent. Please suggest if there is any provision which could save me. Also suggest the approximate amount and time it will take to fight the case. (If possible)

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Raj Kumar Makkad (Expert) 20 March 2010
It is not clear from your details what documents more than registration of sale-deed of 130 Sq. yards of land are in the possession of the buyer possessing more than 80% of the property just under the garb of his so-called help of Rs. 10/12 lac to your family.

You have a fit case. If your grandma is alive then obtain her GPA in your favour and first of all serve such person a legal notice to vacate your premises (purchased portion is his own).

Another and simple way is to get the land partitioned through proper court of law which requires less energy and money. When you serve a legal notice through your counsel, he shall bring open all such documents which have been got signed by your grandma or father in his favour and action accordingly can be initiated. Once all documents become clear then obtain the opinion of local lawyer and initiate lgal action. He cannot stop paying rent as you can claim this through Rent Controller but beware you are admitting his tenancy and he can be got vacated only though Rent Controller but definitely on the basis of personal need, such person shall be out of your land.

Kumar Thadhani (Expert) 20 March 2010
I DO AGREE WITH EXPERT MR.MAKKAD.

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