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Q. General Power of Attorney and Agreement to Sale and Purchase

Q.General Power of Attorney and Agreement to Sale and Purchase
I have purchased a flat in Uttam Nagar Delhi in July 2013. The owner executed a notarised irrevokable General Power of Attorney and signed the Agreement to Sale and Purchase having a stamp duty of rs 50 on GPA and Rs 10 on Sale Agreement without going to sub registrar office since she was my relative I had not pressurised her to appear in front of sub registrar. Then in 2015 when I confronted her and told her that i want to sell the property and asked her for appearing in subregistrar office , she refused. After that my lawyer suggested me to sell the property without any fear. Then in 2015, I have registered the flat in the name of third party (my wife and my sister jointly) at subregistrar office. Then the third party rented the said flat for almost 1.5 years. Recently(in july 2018) what we have found is that the owner has locked our flat with their own lock over my lock. And when we have lodged a police compaint the owner is refusing to give us the possesion back and is saying that she has not executed any gpa in her wits since she is uneducated and saying that she has not signed knowingly.
Now I want to know that how to get back the possession.

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Ambrose Leo

Experience: 9 Year(s)

Responded 1 year ago

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A. ) You have to take up the issue through Vidhikarya for engaging a Professional property Lawyer of your jurisdiction and guide , help and assisit you on all aspects of the issue in favour of your custody of the flat quickly.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 1 year ago

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A. ) As per the SC ruling, there can be no transfer of property through GPA, however there are provisions to correct the deficiency. You need to send a legal notice through a lawyer. If she refuses, you will have to take your recourse under specific relief act. To have a better understanding of your situation, approach a local lawyer from Vidhikarya with all documents in your custody.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 year ago

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A. ) This is what happens when we neglect the importance of having proper legal document and getting that registered. Since you missed the opportunity to have the proper documents so you are on weak footing. Suggested you hire a good and strong lawyer who can fight your case and try to get the judgement in your favour. If you don't do that probably you will have to give away the house.

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Rishu Aggarwal

Replied 1 year ago

Thanks a lot sir for your response.
May I know that what are the chances out of 100 to get the possession back since I don't have any receipts as well and I had given her money in cash with no acknowledgement.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 year ago

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A. ) Kindly contact or approach to our vidhikarya lawyers office for proper consultation and advise.

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