GPA HOLDER AND ONE OF PRINCIPLE (OUT OF 6) OVER THE IMMOVABLE PROPERTY.
Co-Owners of the property for Acre 5.11 have given the GPA holder. Here the Owners and GPA holder relation details.
Shiv sahay
Late mataprasad(1946 died) bagdevibai(unmarried-died 25.9.1993)
Radhe shyam(1989-died) anandkumar(plaintiff) shivakumar(D4) Rajkumar(D5) Radhekishan(1986-die)
Dilesh umeshkumari mithilesh kumari
D1(son) GPA D2(daughter) D3(daughter) santoshkumari lalithkishor saritha kumari Wife-D6 D7 (Son) D8(daughter)
The Plaintiff(anandkumar) submit that late radhe sham who is father of Dilesh(D1-son,GPA),umeshkumari(D2-daughter),Mithilesh( D-3-daughter), respondent/Defendant Shivkumar(D4),Raj Kumar(D5) and late radhe kishan who is husband of santoshkumari(D6-Wife) and also father of D-7 (lalithkishor-son)and D8 (sarithakumari-Daughter)along with myself are the 5 sons of late mata parshad who died in the year of 1946. The said late mata parshad along with his unmarried sister Ms. Bagdevi bai who died on 25.09.1993 are the children of late shiv sahay above is the family tabulated.
Plaintiff submits that he along with D4, 5 and 7 and Ms. Bagdevi bai being owners of the schedule-A property had intended to develop the same. I had appointed D1 as my general power of attorney dated 31.03.1990 bearing document 992/90 to the extent of my undivided share in schedule property –A. so also the D4,5,7 along with late Ms. Bagdevi bai had jointly appointed D1(Dilesh)as their GPA dated 30.6.1990 bearing document no 2030/1990 to the extent of their respective share in schedule property.
Ms.bagdevi bai died unmarried/issueless on 25.09.1993 by executing a registered WILL deed dated 28.07.1990 bearing document no 177/1990 bequeathing her undivided share in the suit of schedule property to the plaintiff and D4 equally. It is submitted that since the date of death of late bagdevi bai, the plaintiff and D4 are entitled to get 1/12th each undivided share in scheduler property in addition to their 1/6th share each respectively.
All of them are the co-owners (plaintiff and D4,D5 ,D7 along with Bagdevi bai) of the above said schedule property of Acre 5.11.
The GPA holder (D1) has developed the schedule property like getting the Municipal plan and laying the plots. For this he has got the 6 plots out of 44 plots. ‘Bagdevi bai’ has died with issue-less in 1993. But GPA holder continually sold-out the plots in varies dates without revoking the GPA and hiding the facts of one the principle (Bagdevi bai) death. There is no division/separation the above schedule property to owners after getting the municipal plan.
Now the Plaintiff (Annand) has filled the case in the court saying that he didn’t received his share (1/6th+1/12th from her aunt will deed) and saying that after her (Bagdevi bai) died / one of the principle died GPA is invalid basing on this all the transactions who were made after her death 1993 are invalid transactions due to one of the principle died the GPA is not valid. So with this regard I have got summons from the court. Plaintiff is saying that when he talk with GPA holder(D1) and he said that he has sold almost all the plots are sold-out, only few more left(5 plots) , After realization of the facts that Plaintiff has cancelled the GPA through court on Sep ’15 which he has given in 992/1990. He has filled case on the all the co-owners and his heirs along with the all transactions made after the death of ‘Bagdevi bai’-(25.9.1993)). Now he seeking compensation of share and separate his share from the schedule property.
Regarding to my Owner Ship as follows like. GPA holder->Pradeep Chand in year 5.6.2011 registered sale deed->Radhamma (registered 6.3.2012) built the complex and sold-out flats-> I have purchased in year 2013 and registered one flat. We are paying the property tax, electricity bills and municipal tax etc. till date. I took home loan for purchasing the flat and also this project is approved by the HDFC and Axis banks and almost all the Govt banks like SBI, LIC home loan also verified the documents at the time of purchasing given the loan to this project.
Here are my questions/doubts as follows:
- What is my immediate action from my side, how to protect my property and ownership?
- Do I have any right to ask BANK, because it is HDFC AND AXIS BANK approved project? Do i need to still to pay EMI? DO I get the legal team support from the Banks, to fight for this case, because I am paying the EMI?
- Do I have any provision to put case on earlier owner/builder to clear the disputes? When I enquired with her, she is saying that when I have given to you it’s clear no dispute and we asked her pay the legal fees for us we will file the case. But she is not accepting to pay back us. Do we have any provision to put case on builder to clear the above disputes?
- In present case GPA holder is having the Two deeds are registered(992/1990,2030/1990) from owners, out of that ‘Plaintiff’ has cancelled(992/1990) in the year of Sep’15, still one more is live not cancelled yet i.e. 2030/1990.
- After death of the one of the principle, how the GPA is invalid/terminated if one of the principles died(bagdevi bai) will it go SRO (registered office) death certificate to put some Red mark on the numbers which she has executed the GPA? How the public will know that GPA holder is having right or not if one of the principles has died.
- How the public will know that one of the principles is live or died or WILL deed executed by die person. How should we know that GPA holder is continually selling the sale deeds by hiding the facts? By the way is there any check in SRO (sub registration office) to stop such transactions?
- How it’s impacted me because I am not directly purchased through GPA holder. What are the steps I need to take care from now onwards to protect my property?
- One of the principle ‘Bagdevi bai’ is died (1993) her share has been equally divided into two persons(Plaintiff & D4) by WILL deed. What is the guarantee that in future ‘D’ is not coming and saying that same like Plaintiff?
