Legal Question in Civil Litigation in India

We have purchased a house in the year 2008 and registered it from the GPA holders which was executed in the year 2007 and actual owners. Now a person has filed a case in the court stating that he has executed sale of agreement with the owners in the year 2006 he has paid a advance of 5 lakh rupees and in the agreement he has mentioned he will register the house with in 48 months. Along with the owners, GPA holders he made us also a party. he is claiming in is pettition that he will pay the balance amount court give an order to the owners to register the property in his name. As per the owner they say they have not executed any sale agreement with him. Will GPA holders will be liable for this? We have to defend our selves along with owners or defend separtely in the court? our case genuine will court accepts it and dismiss the case? We are in possession of the property. Please guide us


Asked on 9/23/10, 1:39 am

2 Answers from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

You can go through clauses which enshrined in said GPA, how & to what extent of clauses bound by the GPA through property owner, check it by yourself with an advocate, study the basis or nature of GPA.

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Answered on 9/23/10, 5:55 am
Vishwa Arya Arya & Co.

you are the bonafide purchaser of the property and therefore you are in possession. The agreement does not create any right. You should fight along with the owner especially if he says he never executed any agreement. It will give support to the argument that the agreement now brought forth is forged and fabricated.

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Answered on 9/25/10, 9:17 am


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