Legal Question in Civil Litigation in

Dear Sir,

I had purchased a revenue vacant plot near Doddakallsandra, Bangalore during Aug 2000. The vacant plot was sold to me by a GPA Holder as absolute sale deed. I had registered the sale deed at Bangalore Kengeri sub registerar office, after few years that is during 2003 I had received a notice from sub registerar stating that the land value is under valuated and have to settle the registration fee as per the actual market (guidance) value.

As per the notification I had paid Rs.2000/- to regularize the under valuation and got the confirmation receipt immediately for settling the dues from sub registrar.

I applied for Grama Panchyathi Katha during 2004 and the katha has been transferred in my name with in few months. There after I am paying the tax promptly for the said plot, the plot comes under BBMP we are awaiting for AKRAMA SAKRAMA scheme to regularize the same.

Recently I came to know that the plot owner son (GPA Principle Holder�s Son) had applied for Katha for complete layout at Thahashildar office.

The fact is that most of the plot owners got registered during 2000 & 2003, where as the GPA Principle holder expired on Sep 1998. Now the legal heirs of GPA principal holder is claiming that the property belongs to him the registration is null and void as per the law.

The layout members opposed this move and sent a notice to the legal heair of GPA principle holder stating that we are the original owner and we have paid our hard earn money to purchase the plots and we were not aware of GPA principle holder death & requested him to not to proceed further in this regard.

But he didn�t agree for this he said I will file a suite against you all and will fight in the court. The plot members tried to settle this issue amicably but the GPA principle holder legal heair demanding 3 Laksh per site.

Now the layout members are advising me to settle this issue amicably by paying the ransom amount as per his demand and get the confirmation deed from GPA Principle holder legal heirs.

What should I do now?

Please advise me?

Should I fight legally?

I am having the below said documents:

Registered Sale Deed executed in favour of me (Original Copy)

Grama Panchyat Katha

Tax Paid receipts for 7 years

Under valuation regularization receipt

Mother deed (Photo Copy)

GPA (Original Copy)

Thanks in Advance.

Regards,

SB


Asked on 10/09/10, 11:53 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

the buyer cannot get a better title than the seller. The GPA holder had no locus in the year 2000 to sell the plot on the basis of POA as the principal had already died in 1998. In fact, a recital always to be there in Sale deed that to the best of knowledege of the Power of attorney, the principal is alive.

Every subsequent act, howsoever legal that may be is irrelevant as the basis document of sale deed in 2000 itself was null and void because of authority of GPA. The POA had become functus officio after the death of the principal.

It would be advisable for you to settle amicably with all the legal heirs jointly or else the Legal heirs of the principal have a stronger case. Your only remedy, then, will be to recover your amount from POA and file a criminal complaint against the POA.

Choice is yours

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Answered on 10/10/10, 12:05 am


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