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HIDAYATHULLA KHAN (Business)     15 March 2020

Bank related

Sir we have purchased sites from an institution, they had given gpa to the authorised person on their behalf to sale the sites.almost 150 sites formed and sold and many have constructed houses this is an agricultural land measuring 5acre. Now it has come to know that the land is mortgaged and the bank has put notice for online auction of the land, kindly guide what steps can we take now


Learning

 4 Replies

Dr J C Vashista (Advocate)     16 March 2020

Did you not check encumbrance(s)/ charge/ claim on the property before purchase ?

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 March 2020

Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on owner's behalf. Even the latest judgement by the Supreme court of India categorically invalidates the sale of a property through GPA.

G.L.N. Prasad (Retired employee.)     16 March 2020

You were duped and immediately you have to plug further damage.  Contact a local advocate and hunt for such other victims as per EC and fight collectively.  You can also file RTI application to Bank and seek legal opinion obtained by the Bank on property and terms and conditions of sanction.   As you are victim of fraud, there is larger public interest and bank is bound to provide all necessary documents.

Akshay (Advocate)     16 March 2020

Hi

Thank you for your question

As you have said it was GPA(General power of attorney) according the supreme court guideline in 2011 GPA fully not invalid, it is like if the Person whom GPA has made  cannot transfer the propety on his name but if he can sell the property by making sale deed and registered it then the third person is the new owner.

In your case 2 question arise:-

1. As a buyer have you take the Prudent steps  while purchasing the property such as Nobody is in the possession, seller is competent to sell the property, documents of the property is registered or not. If you have not taken these steps then nothing can be done.

2.But if you taken all the above measures , then it is fraud and you can move to the court  for the breach and fraud .

Hope this will help you 

Best regards,

Akshay Gupta


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