• ASGPA

My grandfather has land of 2000sq.yds(Hyderabad) and he mortgaged(Girvi) to a person for personal reasons in the year 1991 and he couldn’t repay the full amount but he paid interest rate every month.In 2007 that person made Agreement cum Sale GPA (AGPA) forcefully from my Grandfather and he also paid stamp duty.now he divided the land into plots and sold them to various individuals and plots are reflected As sale deed in EC.My grandfather has not revealed about this land in past at last stages of his life he revealed that he has got injustice during the land transfer.Can we fight on this issue is there any hope to fight and what are the consequences for this?
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

Yes you can. You have merits in your matter. If you need any further assistance, you can approach me through kaanoon or LinkedIn. Consultation charges applicable. Thanks. 

Prashant Nayak
Advocate, Mumbai
33129 Answers
215 Consultations

Your claim is barred by limitation 

 

suit if any ought to have been filed within period of 3 years for setting aside sale 

 

 

Ajay Sethi
Advocate, Mumbai
97869 Answers
7939 Consultations

The AGPA was signed by your grandfather when he was fully aware of the consequences. He may challenge it if he could prove it was executed under fraud or coercion. Otherwise, his claim may not be successful.

Swaminathan Neelakantan
Advocate, Coimbatore
2976 Answers
20 Consultations

You can get back your land if you properly fight case in Court. If the land is ancestral this coming from you great grandfather, grandfather can sale only his share of land. That is if grandfather has 2 sons and 2 daughters, he can sale only 400 square yards of land. You can claim back land of remaining legal heirs. Issue a lawyer's notice  to original purchaser and to all the purchasers to whom he sold the land claiming the land to be ancestral. After that file civil suit for recovery of possession and cancellation of all sale deed executed by grandfather and sale deeds registered by original purchaser. Obtain certified copies of all sale deeds and add all purchasers as parties to suit. you will definitely get your land. File the suit in City Civil Court, Hyderabad.

Ravi Shinde
Advocate, Hyderabad
4601 Answers
42 Consultations

"Article 61 of the Limitation Act prescribes a period of 30 years to redeem or recover possession of immovable property mortgaged and time begins to run when the right to redeem or recover possession accrues.

Right of redemption is a legal process that allows a delinquent mortgage borrower to reclaim their home or other property subject to foreclosure if they are able to repay their obligations in time.

Right of redemption, Section 60 of Transfer of Property Act describes the right of redemption. 

From your contents it can be seen that your grandfather had executed a GPA in favor of the creditor towards the mortgage amount.

Thus the creditor has been conferred with the right to alienate the property in the manner as had been mentioned in the GPA executed by your grandfather to him. 

Even though as per Article 62 of the Limitation Act, 1963, the period of limitation prescribed for filing a suit for recovery of money due under a mortgage is 12 years, the creditor utilised the GPA given in his favor to sell the property by making plots.

You may consult a local advocate with all relevant papers/documents, take his advise and proceed if recommended to file a suit for recovery of your property. 

T Kalaiselvan
Advocate, Vellore
88069 Answers
2377 Consultations

Dear client, 

There is a limitation set for such cases. On the basis of forced consent, this civil case has a limitation of 3 years and after that cases can not be filed. 

Thank you

Anik Miu
Advocate, Bangalore
10496 Answers
121 Consultations

- As per law ,  AGPA is not a legal documents if related to property , and only a sale deed is considered a title deed.

- Since, that person has got the AGPA even registered , then without getting a court order he was not having to sell and transfer the property without getting consent from him and after his death from the legal heirs.

- Hence, all the legal heirs of your grandfather can claim the property after paying the debt. 

- You can issue a legal notice to all the person who has purchased the property from that person to handover the possession of the property to legal heirs. 

- If no response, then file a declaration and possession suit before the court for taking possession and to declare the sale transfer as null and void. 

Mohammed Shahzad
Advocate, Delhi
14909 Answers
226 Consultations

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