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SPA, GPA, Idemnty Bond Cancellation,Biyana Cancelation
07-Aug-2023 (In Property Law)
Hi,
I had a property of 400 Gaj in New Delhi,Moti Nagar area. but possession of property is by another person from 10 years. When we talked to a local dealer about this. he agree to take property as it is @ 25 paisa as per current market rate. he Made SPA,GPA, Indemnity Bond, Biyana in favour of him. but in papers he wrote down a special line he will pay full amount when he got possession of property. meantime on biyana Paper he agrees to pay 9,00,000 rupees but he only gives 225000 by cheque 1.5 year ago and rest payment of biyana will be on possession of property..
Biyana Dates are already expired 6 months ago..
when we say please make rest payment and balance registry payment he start threatening from last 6 months..
Please be advise how can we cancel GPA,SPA,Indemnity Bond and Biyana Papers..
He even threated us that he has solid relation with Police and Political Leaders.. We are so frightened and cold feet from that..
Please give us a solution.. Thanks
Who has the possession of the property as of now? What were the entire terms of the GPA, SPA and the bond? A careful perusal of these documents is necessary for a conclusion. Further and better particulars are needed for an effective opinion.
Helpful?
14+
14+
Adv. Tushar Kumar
Delhi | 200+ Answers
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Can a power of attorney holder sell the property after death?
The Supreme Court ruled that on April 22, 2022, those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 20 Oct 2023
What is irrevocable GPA?
The irrevocable GPA will remain valid until the executant dies, which means that it cannot be cancelled during his lifetime. This GPA will automatically be deemed as withheld and not cancelled after his death. GPA holders must have the consent of their legal heirs.
What if the GPA executant dies?
The Power of Attorney is automatically revoked and rendered ineffective upon the death of GPA holder. Even if the GPA holder is still alive, the owner can always exercise his right to register the property. GPA does not pass through the generations, so GPA holders legal heirs are not entitled to anything.
Is power of attorney valid if the person dies?
Agents are given limited powers that the principal approves. The person whose will has been written holds the full power. In India, the validity of a Power of Attorney ends with the death of either the principal or agent. 10 April 2023
1. It is unclear from the above facts whether such GPA and SPA are registered or whether they are GPA/SPA for consideration. Even irrevocable GPAs can be revoked if agent is misusing his / her authority.
2. By writing/adding/modifying the agreement and adding the special line regarding payment on possession, without your consent, the other party has committed fraud. Thus instruments can be cancelled under Section 26 of the Specific Relief Act.
3. All the documents that you have signed can be assailed on various grounds depending upon whether they were compulsorily registerable u/s 17 of Registration Act or not.
4. No title/ownership can be transferred without a registered sale deed in Delhi.
5. You may also file civil suit under Specific Relief Act to enforce the contract and Guyana and receipts but you will then lose title/ownership of the property if other party is ready to pay money.
6. if you feel false criminal proceedings will be filed against you then you can apply to the court of sessions or high court for anticipatory bail u/s 438 CrPc.
2. By writing/adding/modifying the agreement and adding the special line regarding payment on possession, without your consent, the other party has committed fraud. Thus instruments can be cancelled under Section 26 of the Specific Relief Act.
3. All the documents that you have signed can be assailed on various grounds depending upon whether they were compulsorily registerable u/s 17 of Registration Act or not.
4. No title/ownership can be transferred without a registered sale deed in Delhi.
5. You may also file civil suit under Specific Relief Act to enforce the contract and Guyana and receipts but you will then lose title/ownership of the property if other party is ready to pay money.
6. if you feel false criminal proceedings will be filed against you then you can apply to the court of sessions or high court for anticipatory bail u/s 438 CrPc.
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hello client as you are saying tht the dealer who has given u the advance payment of rypees two lac and twenty five thousand rupees for bainama / gpa or spa as you are saying tht the yime got expired 6 month before which is been given to to you for registry of the said property .yes you can cacel the deal but some clauses have to be applied but we need to go through the documents no need to get worried.
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11+
11+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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