Property sold using gpa(gpa was done fraudulently)
T. Kalaiselvan, Advocate
(Expert) 25 October 2024
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Vicky Rathee
(Querist) 26 October 2024
This query is : Resolved
I purchased a plot (100 guj) in December 2017, for which I have the sale deed and other documentation, in an unregistered colony outside Gurgaon. I did not occupy the plot or establish any boundaries, and during this time, an individual (let's call him Guy B) took possession of my plot along with three adjacent plots (totaling 436 guj). Guy B has a sale deed for this same agricultural land (605 guj).
Upon speaking with the landowner who sold me the plot, I learned that another individual (Guy A) fraudulently created a General Power of Attorney (GPA) to sell the land, deceiving the landowner during a visit to the tehsil for another sale deed. The GPA was canceled on April 22, 2016, but Guy A sold the property to Guy B on April 5, 2016, while the GPA was still in effect.
The owner is willing to file a case under Section 420 against Guy A, but we are unsure how to proceed with Guy B to reclaim my plot.
Could you advise us on the next steps we should take and our chances of recovering the property?
T. Kalaiselvan, Advocate
(Expert) 27 October 2024
You have purchased the property well after this property was sold to another person, which clearly indicates that you never did due diligence before buying the property.
Now you can give a complaint against the seller in police for the acts of cheating and put pressure on him to get your amount refunded because if you approach court to cancel the the sale deed of the other person, it may not be maintainable becuase you purchased it after he did
kavksatyanarayana
(Expert) 27 October 2024
You got your sale deed from the original owner. Guy A, who is not the property owner, fraudulently sold the plot to Guy B. To cancel that deed, you have to file a case against Guy A & B in court.
Vicky Rathee
(Querist) 27 October 2024
@T. Kalaiselvan, Advocate (Expert)
I have all the 4 sale deed before the date of fraud sale deed. But GPA was done before 2 sale deeds.
Understand the chronology:
We are 4 owners who own 436 guj which is under illegal possesion now:
1. Sale deed owner 1(2013)
2.Sale deed owner 2(2013)
3. Fraud GPA(2014)
4.Sale deed owner 3 from actual seller(2015)
5.Sale deed owner 4 from actual seller(2015)
6. Fraud sale based on GPA(5.4.2016)
7. Cancellation of GPA(22/04/2016)
And all this is for unregistered colony, where exact plot numbers are not mentioned.
How long can these cases can take if I take the route of filing a case.
T. Kalaiselvan, Advocate
(Expert) 29 October 2024
It will be a civil suit, which may take at least four to five years for disposal, hence if you have decided to take it legally then you can be mentally prepared about all such eventualities
