Please guide me.
Ramesh
(Querist) 30 June 2012
This query is : Resolved
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;
In my family family my grand father had given an inam land on a permanent lease to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Ac7-07 guntas, which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously. Ultimately our GPA holder had compromised for 60/40 in favour of litigant.The compromise deed is signed by the GPA holder(who he is not authorised; not mentioned in the GPA,given to him).
Thanking you ALL,in advance.
ashutosh mishra
(Expert) 30 June 2012
Any GPA holder can not act beyond powers conferred upon.
ashutosh mishra
(Expert) 30 June 2012
Any GPA holder can not act beyond powers conferred upon.
Ramesh
(Querist) 30 June 2012
Dear experts of the forum,
Kindly go through my problem and advice me the action to be taken;My question is in TWO parts:
1)In my family family my grand father had given an inam land on a permanent lease to a person in the year 1910.The total extent of land is Ac 49-39 guntas,out which small extent (Ac7-07 guntas, which was proved in many forum of Revenue and civil courts),at that time area is not mentioned in the leased deed, but only some ground markings like trees ,well, borders etc were mentioned.This has now become a big problem and the lease holder now claiming the total land ie Ac 49-39 guntas, unscrupulously.
2)in the above issue;Ultimately our GPA holder had compromised for 60/40 in favour of litigant.The compromise deed is signed by the GPA holder(who he is not authorised; not mentioned in the GPA,given to him).
Thanking you ALL,in advance.
niranjan
(Expert) 30 June 2012
You can giv e legal notice to lessee that no such authority of compromise was given to GPA and so such compromise is not binding to you and also cancel GPA saying that he has exceeded his powers and his action of compromise is not upheld by you and so compromise is hereby cancelled.
Chanchal Nag Chowdhury
(Expert) 01 July 2012
Whose GPA? Obviously your Grandfather isn't alive, When & where was the compromise made?
Check limitation.
Ramesh
(Querist) 20 July 2012
Dear Chanchal Nag Chowdhury ,
Kindly go through these facts, and Guide me in regards to the action to be taken:
The GPA was given to my adopted Father by my biological Father; and this property came to my biological Father through WILL(Which is Registered) from my Grand Mother. The compromise is made by my adoptive Father with the lease holder in AP HIGH COURT in the year 1999. This fact came to my knowledge in the year 2010. This property along some other property came to me through my biological Father, in the year 2010( Through an un-registered WILL).
Thankig you ALL.
Chanchal Nag Chowdhury
(Expert) 29 July 2012
I take it that your biological Father has died in 2010.THE DECREE is more than 12 years old. If your adopted Father acted within the powers granted by the GPA & your biological Father did nothing about it, I am sorry to say nothing much can be done. If not, U may plead fraud in a separate suit for declaring the decree as a nullity.
Ramesh
(Querist) 29 July 2012
Dear Chanchal Nag Chowdhury ,
Thank you very much for the suggestion.
