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Raghunath Reddy T   11 February 2016

GPA unregd-sale consideration paid- vaildity

I entered into an agreement of sale 30 yes ago for purchase of 5 acres land, paid complete sale consideration & got executed a registered irrevocable GPA in my nominee's favour with all powers & with a condition that it is valid till the completion of sale to different parties. GPA holder executed sale deeds to a third party for 1 acre and passed over the possession 25 yrs back and passed over the possession of balance 4 acres to me along with an unregistered agreement to execute the sale deeds as and when I demand. For some reasons, I did not get the dale deeds executed till date. Recently one of the three brothers, the joint owners of the property & who executed the GPA died. Now can I get the sale deeds executed by the GPA holder. GPA is not relocated. When approached , the two brothers and the legal heirs of the expired brother are refusing to revalidate the GPA/ to execute directly the sale deeds in my favour. They claim no knowledge of my agreement with the GPA holder. How should I go about it? Can I sue them for specific performance on the basis of my agreement with the GPA holder, as I have performed my part of the original contract 30 yrs back?. Am I required to make GPA holder as a party to the suit, say proforma defendant ? Please guide me. Regards.


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 4 Replies

Raghunath Reddy T   18 February 2016

I would request the legal experts to please guide me on the above issue. Few corrections/ clarifications/summary. 1.Agreement of sale is unregistered and 30 yrs old. 2.Complete sale consideration paid 30 yrs back, within the agreed period. 3. Registered Irrevocable GPA executed in my nominee's name 30 yrs back, never revoked. 4.Specic mention in GPA of powers given to GPA holder till completion of sale of 5 acres property. 5. One acre sold, sale deed executed & registered by GPA holder, and balance 4 acres possession passed over to me by GPA holder under an unregistered agreement with an assurance to carry out execution & registration of sale deeds as & when I demand. 6.One of the three brothers who executed GPA died recently. 7. Can I get the property registered by the GPA holder? At least to the extent of two third share of surviving executants? 8. The legal heirs of the expired party and the surviving brothers are refusing to execute sale deeds. 9. Can I go for specific performance of contract with the GPA holder against the GPA executants-the principals. 10.Does GPA holder lose authority as soon as one of the executants dies, even in such case where entire sale consideration has been paid to the principals and GPA holder has interest in the performance of contract by the principals? Thanks. Regards. Raghunath Reddy T

Raghunath Reddy T   18 February 2016

I would request the legal experts to please guide me on the above issue. Few corrections/ clarifications/summary. 1.Agreement of sale is unregistered and 30 yrs old. 2.Complete sale consideration paid 30 yrs back, within the agreed period. 3. Registered Irrevocable GPA executed in my nominee's name 30 yrs back, never revoked. 4.Specic mention in GPA of powers given to GPA holder till completion of sale of 5 acres property. 5. One acre sold, sale deed executed & registered by GPA holder, and balance 4 acres possession passed over to me by GPA holder under an unregistered agreement with an assurance to carry out execution & registration of sale deeds as & when I demand. 6.One of the three brothers who executed GPA died recently. 7. Can I get the property registered by the GPA holder? At least to the extent of two third share of surviving executants? 8. The legal heirs of the expired party and the surviving brothers are refusing to execute sale deeds. 9. Can I go for specific performance of contract with the GPA holder against the GPA executants-the principals. 10.Does GPA holder lose authority as soon as one of the executants dies, even in such case where entire sale consideration has been paid to the principals and GPA holder has interest in the performance of contract by the principals? Thanks. Regards. Raghunath Reddy T

Raghunath Reddy T   18 February 2016

I would request the legal experts to please guide me on the above issue. Few corrections/ clarifications/summary. 1.Agreement of sale is unregistered and 30 yrs old. 2.Complete sale consideration paid 30 yrs back, within the agreed period. 3. Registered Irrevocable GPA executed in my nominee's name 30 yrs back, never revoked. 4.Specic mention in GPA of powers given to GPA holder till completion of sale of 5 acres property. 5. One acre sold, sale deed executed & registered by GPA holder, and balance 4 acres possession passed over to me by GPA holder under an unregistered agreement with an assurance to carry out execution & registration of sale deeds as & when I demand. 6.One of the three brothers who executed GPA died recently. 7. Can I get the property registered by the GPA holder? At least to the extent of two third share of surviving executants? 8. The legal heirs of the expired party and the surviving brothers are refusing to execute sale deeds. 9. Can I go for specific performance of contract with the GPA holder against the GPA executants-the principals. 10.Does GPA holder lose authority as soon as one of the executants dies, even in such case where entire sale consideration has been paid to the principals and GPA holder has interest in the performance of contract by the principals? Thanks. Regards. Raghunath Reddy T

Raghunath Reddy T   18 February 2016

I would request the legal experts to please guide me on the above issue. Few corrections/ clarifications/summary. 1.Agreement of sale is unregistered and 30 yrs old. 2.Complete sale consideration paid 30 yrs back, within the agreed period. 3. Registered Irrevocable GPA executed in my nominee's name 30 yrs back, never revoked. 4.Specic mention in GPA of powers given to GPA holder till completion of sale of 5 acres property. 5. One acre sold, sale deed executed & registered by GPA holder, and balance 4 acres possession passed over to me by GPA holder under an unregistered agreement with an assurance to carry out execution & registration of sale deeds as & when I demand. 6.One of the three brothers who executed GPA died recently. 7. Can I get the property registered by the GPA holder? At least to the extent of two third share of surviving executants? 8. The legal heirs of the expired party and the surviving brothers are refusing to execute sale deeds. 9. Can I go for specific performance of contract with the GPA holder against the GPA executants-the principals. 10.Does GPA holder lose authority as soon as one of the executants dies, even in such case where entire sale consideration has been paid to the principals and GPA holder has interest in the performance of contract by the principals? Thanks. Regards. Raghunath Reddy T

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