First you told that the original owner had one son and 2 sisters. Later you told that out of 3 sons two have sold. Please clarify. Then I will give my opinion.
Relief from court
As in my case i have prayed to court for permanent injuction as i purchased 1000 sq yard plot from 3 person's 1 son and his 2 sister's which is 333 sq yards each and they are absolute owner of that plot and their names are indicated in mutation in revenue records in 1985 we purchased that plot on gpa, sale agreement , affidavit , and consideration amount reciept. on my father's cousin name who was residing in same place where plot was located later in 2006 same plot was transfered on my mother's name through registered gpa with consideration amount receipt and possession was with us till now . in year 2009 we came to know that this property is sold to other person by first owner"s sons through sale-deed as their names are mutated after their father's death.. so out of 3 son's 2 have sold their share... and one son has given us in written that this plot belongs to us.. in this whole scenario who can win the case.. as first gpa was done in 1985 by first owner and second gpa was done in 2006 and later in 2009 sale deed by first owner sons knowing i m the owner and i m still on possession of the plot..sir in whose favour court can decide as per you....thanx
Asked 10 years ago in Property Law
13 Answers
Your question ''in this whole scenario who can win the case'' is very hypothetical as it ignores the fact that uncertainty of result is the the fountain head of a legal proceeding.
What can be safely said is that law is on your side in as much as you had purchased the plot. Once the plot had been sold to you it could not have been resold by any one except by you as you became the owner of plot after it was sold to you. Hence, the subsequent sale of plot is illegal.
You need to provide complete details for proper advice,then only i can guide you.
sir i am saying that first owner who's name is indicated in mutation is total 3 person's one is jagdish and his 2 sisters from whom we purchased the plot i.e. 1000 sq yards 333 sq. yards each share we purchased through gpa with consideration but mutation was on their name after we purchased the plot from them but in gpa clause was there that this gpa shall be irrecovable and one affidavit in which it is clearly written that this gpa will not be revoked or cancelled. first transcation was done on my father's cousin name later in 2006 we transfered the same plot on my mother's name from my father's cousin name through irrevocable gpa with consideration registered. and after that we taken the possession in 2006 and done the fencing of the plot, gate was installed and name plate of my mother. later in 2009 the FIRST OWNER'S SON'S RE-SOLD THE SAME PLOT TO OTHER PERSON'S THROUGH SALE-DEED THROUGH SHOWING MUTATION AS AFTER THEIR FATHER'S DEATH I.E. JAGDISH DEATH THE MUTATION WAS TRANSFERED IN THEIR NAME ...AND KNOWING THAT IT WAS SOLD TO US THEY SHOWING MUTATION SOLD IT AGAIN..THIS IS THE ACTUAL STORY...
Asked 10 years ago
1) in 1985 you have purchased the plot by registered sale agreement from 3 sellers .
2) in 2006 said plot was transferred in your mother name .
3) your mother is in absolute possession of said plot .
4) it appears in 2009 legal heirs of 2 sellers have sold plots to third parties .
5) the subsequent sale of plot by 2 sellers is absolutely illegal .
6) you have to file declaratory suit that you are absolute owner of said plots and for setting aside sale made by legal heirs .
7) also file criminal complaint of cheating criminal breach of trust against the said legal heirs .
sir i have filed criminal complaint in which jugde has summoned only the seller not the purchaser and in my case accused i.e.. the seller are framed with section 471 ipc by jugde of metropoltian magistrate.
Asked 10 years ago
in 1985 the first plot transcation was done through gpa which was not registered but notary stamp was there on it and consideration amount receipt was registered in sub-registrar office in delhi and 2nd transcation was properly registered gpa with consideration and photograghs are also clicked at that time of seller purchase and witness..but mutation was not sanctioned on our name because of gpa and their name was continued in mutation..
Asked 10 years ago
sir i have filed sale-deed cancellation case against purchaser as it was already purchased by me through registered gpa with consideration.
Asked 10 years ago
1) he Supreme Court has ruled that sale transactions carried through general power of attorney will have no legal sanctity.
"A transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," it said.
2) both transactions have been through GPA only .
3) GPA transactions may be used to obtain specific performance or to defend possession under section 53A of Transfer of Property Act, 1882.
4) since you have already taken legal proceedings to set aside sale deed made by legal heirs of sellers wait for outcome of your case
but sir my gpa was before supreme court verdict on gpa mine was done in 2006...and verdict was in 2010.
Asked 10 years ago
Do Not worry ,now you will have to fight on the basis of facts of the case,there is cheating also by the legal heir of the owner,you should have gone for registration of FIR under 156(3) for better result
the mutation of property was not in revenue records since you have purchased property through GPA . in absence of sale deed you dont have clear title to the property . you can defend possession in case purchasers file any case against you . file for specific performance against the sellers
sir how can i convert my gpa into sale-deed as per supreme court .But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
Asked 10 years ago
Recently, the Delhi High Court, in the case of Pace Developers and Promoters Private Limited vs Government of NCT and Others, while analysing the Suraj Lamps case, quashed the Circular and held that a transfer through a GPA Sale was permissible in genuine transactions. The court also held that it was open to the registration authorities to examine the authenticity of a transaction before registering the documents.
Asked 10 years ago
please suggest me help me as i have filed sale-deed cancellation case against new purchaser how to defeat them and to register sale-deed on my name through my gpa...help thanx
Asked 10 years ago
3 person's have given gpa to my fathers cousin in 1985 i.e. jagdish,phollo,ram bhateri their share was 333 sq yards each so 1000 sq yards in total gpa was given to my uncle by three of them in 1985 agreement to sale, affidavit,consideration receipt and possession was with him since purchase in 1985 later as i told earlier my uncle transfered the plot on my mothers name through registered gpa and stamp duty was paid to government as per gpa rules in 2006 and consideration was paid to my uncle by my mother. since 2006 till now we are on possession of that plot. whole problem is mutation revenue record where since 1985 jagish phollo ram bhateri name was contiuned and later came to the names of L.RS. of jagdish who sold their share to other person they all planned and done this act knowingly we are the owner and on possession of th plot.. even new purchaser told us that hum ne tho jua khela hai jeet gaye tho we will distribute the money and if we lose we know that you will ignore our act.
Asked 10 years ago
waiting for reply please help guide me what to do..in a big problem.
Asked 10 years ago
i have filed two cases one in high court delhi i.e. sale-deed cancellation of 2 new purchaser and one case in dwarka court delhi criminal complaint against seller and purchaser too but court has only summoned seller and no purchaser was summoned by court and now seller are charged under section 471 ipc by court. and further to go. both the cases filed we me in year 2010.
Asked 10 years ago
kindly meet a advocate personally and discuss with him in detail
sir advocate is already there for my cases but was more guidance i want ur help so that if u tell me something new i can share with my advocate too and guide me from my knowledge too..
Asked 10 years ago
as i have told the whole story to u all i want to know the wining % of this case
Asked 10 years ago
Your case requires in depth consideration of the entire factual matrix. Consult personally with a lawyer on the payment of his consultancy fee. The winning % cannot be told by any one. It is against legal ethics for a lawyer to foretell the outcome of a legal proceeding.
we cannot say whether you will win case or not . no one can foretell results of litigation . since you have already filed cases wait for the results
thankyou everyone...
Asked 10 years ago
Thank you for appreciation.
you will win case or not , no one can foretell results of litigation
thanks for your appreciation