Sale agreement through a gpa holder.
Ramesh
(Querist) 17 May 2013
This query is : Resolved
Dear Experts of the Forum,
Some one claims a property through a Sale agreement from a GPA holder,and says GPA copy is not available at this moment.And further he gifts this property to his Daughter through a registered deed saying the property is his ancestral. This statement submitted by respondent/s as a counter affidavit in an IA in OS. The court accepts his version and my petition is dismissed. Is this correct? What should i do, as they are progressing with construction.
Please tell me the action to be taken.
Thanking you ALL.
S. Bharath
(Expert) 18 May 2013
What was your petition for? In any case, you may prefer an appeal or revision; and pray for an interim injunction against construction..
ajay sethi
(Expert) 18 May 2013
go in appeal against impugned order .
Advocate Ravinder
(Expert) 19 May 2013
By the above facts, I can understand that your case is weak. That person had cheated you by entering into false agreement having no powers, hence he had not shown you the GPA copy. On the other hand he gifted the same property to his daughter (ancestral property). You cannot get any relief of getting back the property.
The only thing you can file a money recovery suit to recover your advance amount along with damages in respect of agreement of sale.
And you can file a cheating case and criminal breach of trust against the cheater.
prabhakar singh
(Expert) 19 May 2013
You have not stated facts clearly.
It is quite contradictory to a take stand like that as stated by you by any party.
You may file appeal or revision depending on advice of the advocate conducting your case.
V R SHROFF
(Expert) 19 May 2013
you file a cheating case and criminal breach of trust against the cheater.
Raj Kumar Makkad
(Expert) 19 May 2013
There is no use to file revision or appeal in the given facts. If a person claiming himself as GPA holder sold the property in your favour by way of registered sale-deed without providing the copy of GPA and on the other hand the owner of the property gifted the same property to his daughter then the dispute shall arise, whether the person who claimed GPA holder and sold you that property had any GPA with him or not and you cannot prove it and on the other hand the true owner shall deny having appointed that person as his GPA
So you have very weak case in hand. Better to file a criminal complaint against your alleged seller and file a suit for recovery and damages against him.
