Will the GPA cancellation of first holder impact us and we no more hold the right to land?
2 years ago
We have a property in Hyderabad bought in 1990. The GPA holder(given by a mother and son) who sold us the land his GPA has been dismissed in 1995(by court based on case put by 3 daughters of above mother) and they gave GPA to another person and sales happened. Want to understand will the GPA cancellation of first holder impact us and we no more hold the right to land? Our father bought with hard earned money.
A.Hi,
1) Cancellation of the GPA does not nullify the earlier actions taken by that GPA holder. In your case, the sale is valid and you still hold rights over it.
2) When a sale deed has already been executed over a land, any subsequent deals selling the same piece of land by the previous owner is null and void.
Thus, you have no reason to fear.
If you like my answer, please rate me.
1) Cancellation of the GPA does not nullify the earlier actions taken by that GPA holder. In your case, the sale is valid and you still hold rights over it.
2) When a sale deed has already been executed over a land, any subsequent deals selling the same piece of land by the previous owner is null and void.
Thus, you have no reason to fear.
If you like my answer, please rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If that GPA holder by virtue of registered Power of Attorney sold that property in registered manner to your father then subsequent cancellation of that GPA cannot nullify the earlier conduct of property registration by that GPA holder.
You have not specified what has been sold by the new GPA holder. Please take note that without Cancellation of the registered Purchase Deed of your father from the competent Civil Court of Law giving your father reasonable opportunity to defend his case, if the new GPA holder executed any Sale Deed in registered manner in favour of any other buyer,then the subsequent Deed will be null and void and your father will be entitled to take Civil and Criminal steps.
As you have not specified anything about any litigation challenging your father's registered Purchase Deed, so you don't have to be worried because the matter has become time-barred to challenge as well as cancel your father's registered Purchase Deed.
You have not specified what has been sold by the new GPA holder. Please take note that without Cancellation of the registered Purchase Deed of your father from the competent Civil Court of Law giving your father reasonable opportunity to defend his case, if the new GPA holder executed any Sale Deed in registered manner in favour of any other buyer,then the subsequent Deed will be null and void and your father will be entitled to take Civil and Criminal steps.
As you have not specified anything about any litigation challenging your father's registered Purchase Deed, so you don't have to be worried because the matter has become time-barred to challenge as well as cancel your father's registered Purchase Deed.
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A.When you say GPA has been dismissed what do you mean? Whether the GPA was cancelled or rendered illegal and invalid? If it was cancelled then any transaction done before the cancellation is valid and if it was made invalid then transactions done before making the GPA invalid will also be invalid.
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