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Pavan (Business)     21 January 2012

Gpa issue

Hi,

I have crunch situation which needs your's valluable suggestions

Person 'A' and other 30 others(Most of them may not alive now and Not Known to me)  Issued GPA to Person 'B' on thaeir Agriculture land before year 1986 which is not registered and a copy is not available with us

Person B divided the Land in to Plots

Person 'C' Purchased a plot from Person 'B' along with others in the Year 1986 through Registered Sale deed

Person 'D' (Builder) Purchased plot from Person 'C' through Registered Sale deed and Constructed an Independent House in the Year 2010

Person 'E' (My Self) Purchased Constructed house from Person 'D' in theyear tthrough Registered Sale deed (70% Loan taken from the Bank)

Now the Issue is 'F' (He might be below 18 in the year 1986) SON of Person 'A'  filed a suite in the court of law (We haven't received any legel notice) and Placed a Notice Board in some of the Open Plots when we called the number he is warning to not to purchase the land or houses in that perticular Syrvey number

Please advise me in this case, as all my hard earned money involved in it

Regards,

Pavan



 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 January 2012

If F was minor in the year 1986 now his suit is not maintianable because within 3 years from attuning the majority he has to file a suit.

Pavan (Business)     21 January 2012

Thanks for the Response Mr Rajeev

What if 'F' was Major at in the Year 1986

We have link documents since 1986 only, there are nearly 60 Plots Registered during the Year 1984 to 1986 in that survey number and currently nearly 20 Plots have Buildings constructed, I have contacted some of them but Nobody has the GPA copy

Regards

Pavan

 

 

R Trivedi (advocate.dma@gmail.com)     22 January 2012

If you have the link documents since 1986, you must be having some papers related with transaction between B to C. If this is regsitered as you are saying, then there must be GPA also on record, may be at the registrar office. Even otherwise the status of B would have been mentioned with respect to A in this registered deed beetween B to C. Also please check if B is alive or not, it is quite likely that B would have given one plot to his family member who would have GPA.

 

Check what kind of document F has attached. He would not be having original copy of all the land combined. If he has original papers in the name of his father, then subject to the will of his father, he is well within his right to file the case, it can be a criminal case on B as well. 

Pavan (Business)     25 January 2012

Thanks for the responce Mr. Trivedi

To All: 

I dont think Person B is alive now (in1986 his age was 56), also I dont have any information of his legalheirs

At present we dint receive any court notice or any such notice, except a notice board palced by so called A's son 'F' on the open area of that survey number

On the sale deed document and EC B to C we have 30+ Names of all Executants including A and GPA holder as B but no where the ececutants signed on the Deed

Can I get all the link documents from register office including GPA copy even if it is not showing in EC

If some Legal notice come my way, how should I proceed, and How it impact me and my property also there is 70% loan taken from LICHFL, what is the role of LICHFL it if I receive a legal notice

Regards,

Pavan

 

R Trivedi (advocate.dma@gmail.com)     31 January 2012

1. F's notice has no legal binding on you as of now.

2. Before proceeding court may initiate some kind of investigation/verification, that will be the good opportunity for you to put forward your point of view.

3. Try to get maximum possible details from registrar office.

4. Generally institutions like LICs etc do proper homework and they would have also verified the records, their legal team would have okayed this loan, so they must also be having certain parallel information which may help you. Find out the name of legal person who handled your loan.

5. In general LIC will not have any liability legally, it would be a bad or troublesome loan on their part and they would initiate recovery legally.


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