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Prodduturi Reddy (Self)     06 December 2011

Property cancellation

Hello All,

I have registered one property sale cum gpa after promising that they will give money after registering the document. And in document its mentioned that money already paid in cash. after registering the document they did not give any money and they are threating me. 

 

How can i cancel the property ? is there way to cancel the property thru court or some mean ?

 

Thank You

Srinivas



Learning

 10 Replies

Prodduturi Reddy (Self)     06 December 2011

Suggestions would be highly appreacited.

 

thank you

Advocate Vishnu (Advocate)     07 December 2011

Dear Srinivas,

Did you sign on the sale deed or GPA..?

Prodduturi Reddy (Self)     07 December 2011

Yes I signed, thats why i am saying its registered sale cum gpa.

Advocate Vishnu (Advocate)     07 December 2011

Dear Srinivas,

A sale deed will state it is a deed for sale,wheras a GPA will specify that you are giving some 'x' person the right to sell the property( which is illegal in law). So to make it even simpler, did you sign this sale deed at the sub - registrar's office or was it a GPA with a clause which reads the GPA holder can sell the said property.


 

Prodduturi Reddy (Self)     07 December 2011

Hi Vish,

I think you are not getting my concern, In Andhra Pradesh, One can execute Sale cum GPa which is almost sale but to avoid the stamp duty.

 

I executed sale cum GPa, now can I revoke or cancel in any mean.

thank you

 

Advocate Vishnu (Advocate)     07 December 2011

Dear Laxmi Raj,

There is a recent supreme court ruling which considers any such sale via GPA - as an illegal transaction. So your sale cum GPA is not a valid instrument in legally.No sub -registrar is allowed to register such a property. In fact you have not yet sold the property. Just revoke the GPA and your problems will disappear.
 

Prodduturi Reddy (Self)     08 December 2011

No, recent supreme court ruling is preventing new such transactions. but old transactions what is the process.

I did it in May 2011.

 

thanks

Advocate Vishnu (Advocate)     08 December 2011

Dear Laxmi Raj,

The decision of SC was only to correct the existing malady associated with property transactions. Even your GPA executed for sale in May 2011 is still not a valid legal instrument.
 

Prodduturi Reddy (Self)     08 December 2011

Your answer is quite contradictory to this article in same site.

So i want some more clarification from some expert lawers.

https://www.lawyersclubindia.com/experts/Regd-sale-agreement-cum-gpa-250411.asp

 

 

Thank you lot for tracking n answering.

 

Laxmi Raj

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     09 December 2011

Dear Laxmi Raj,

I have gone through the conversation of both of you and Vish.

It is not possible to cancel the AG cum GPA unilaterally as per the circulars given by the Government from time to time. However, you can approach the civil court for cancellation of that Agreement of Sale - cum - GPA and in the meantime to grant an injunction by the Court restraining the GPA holder to alienate the property.


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