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Challenge to GPA sales by legal heir
26-Aug-2023 (In Property Law)
My grandfather had given GPA to A in 2003, property was lease hold but it was freehold and mutation in favour of my grandfather came in 2004, A has done Sale deed to B in 2006, however there was no signature or consent of my grandfather, and after a month of Sale deed my grandfather expired and we are not aware of the whole transaction/gpa sale. GPA has 1/2 share of undivided property in the said property. Can we challenge to GPA and take the possession of our property. GPA was registered on same date of execution but there was over writing on the place it was held.only one witness We have doubt that GPA was fraud because our grandfather never told us about the same.
A power of attorney is revoked in the hand of executor after the death of the person in whose favour the power of attorney was executed. However, in case of leasehold property, generally an irrevocable power of attorney is executed because the property cannot be sold by a conveyance deed unless it is a freehold property. So it needs to be seen that what kind of GPA was executed by your grandfather.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Yes you can file a case of fraud against both of them because there was never any proof of the Gpa where your grandfather had gpa where you were not aware of the gpa who all were the parties to the gpa who is the witness who had seen the gpa
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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Dear Client
You will have to show that you did not have previous knowledge of the entire transaction. However, since 2006 onwards also you did not take any steps to know the status of your property. Detailed facts are needed here for better advice and understanding. But to answer your question yes you can seek possession and cancellation of the GPA and sale deed, however, you will have to pay court fees on the market value of the suit property @1% roughly. Feel free to fix a meeting or have a discussion over call for a detailed consultation.
You will have to show that you did not have previous knowledge of the entire transaction. However, since 2006 onwards also you did not take any steps to know the status of your property. Detailed facts are needed here for better advice and understanding. But to answer your question yes you can seek possession and cancellation of the GPA and sale deed, however, you will have to pay court fees on the market value of the suit property @1% roughly. Feel free to fix a meeting or have a discussion over call for a detailed consultation.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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