CAN GPA BE USED TO SELL A LAND???
28 Sept 2014, 20:15
Hi
I gave the GPA of my land to my friend just to take care of it. but he misused it and transferred that GPA to Sell that land to his brother. its been 3-4 years that i handed him the GPA so can i take my land back from him ????
and what percent of chances are there me winning the case if i file a case against him.
i have read somewhere that supreme court do not consider GPA as sale letter and hence GPA can not be used to Sell a land. is it right??
my contact no… +918239999082
4 Replies
Few years back, for Delhi NCr , it was not valid though right now it is valid if you pay the balance stamp duty. Best way is approach to the court and file a case. Also take out the jamabandis and other revenue documents to find whether the person has updated in land records or not because sale deed alone is not a title , when its in dispute.
All the best
Gyan
“CAN GPA BE USED TO SELL A LAND???”
Of course, it can be.
As for your case (Nalagarh) in particular, you need to read your POA document carefully to see if such a power/authority was given by you to your friend.
The Supreme Court case you are talking about is ‘Suraj Lamp & Industries’. The Supreme Court did not (and it never can) hold sales by POA as invalid.
It was a slightly complex transaction consisting of execution of a POA, a ‘will’ and an agreement to sell, all in favour of the same person, in an effort to give the transaction a colour of ‘sale’, that was held invalid.
In any case this judgment does not help your case.
Dear Nalagarh,
You are right when you say that a GPA cannot be treated as a “sale letter.” However, if your GPA authorised your friend to sell the property, receive consideration therefor and issue receipts for them, then what your friend did was within the scope of authority given to him. Now, one important factor which will come in play while determining whether Power of Attorney was indeed given to sell the land(in case the terms of GPA are unclear) would be if the Power of Attorney was registered.
Hope that helps.
Filing a patent application in the Indian Patent Official website.