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Author Topic: Property litigation in Karnataka  (Read 1045 times)

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Offline and1986

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Property litigation in Karnataka
« on: January 10, 2014, 01:29:57 PM »
Dear All,

Housing society issues GPA(registered in front of judge of small causes) along with possession certificate and allotment letter of property to A. The GPA is signed by society's secretary. No mention of sale in GPA.
After 40 days, the society sells the same property through sale deed registered in sub registrar office, again signed by the society's same secretary to B.

Today the society is defunct, no records exist. The society's secretary is dead.

After 30 years, property is still a vacant plot.
Both A and B has no idea of either person's transaction with society.
B has paid betterment charges, property taxes timely and up to date and has 'a' khata in his name. Encumbrance certificate is also in his name, no mention of A in it.
A with the GPA sells it to X through sale deed registered in sub registrar office. Principal is dead 10 years before execution of GPA.
A pays all taxes just before registration and is issued 'b' khata.
Somehow B comes to know of this. Police Complaint is filed against X by B for trespassing.
X files a suit in court against B for permanent injunction.
X contends in court that as A was allotted before B, the property belongs to A.

My query is the GPA valid(principal is dead 10 years before execution of GPA) and transaction to X legal? Or it has nothing to do with secretary's death as the society sold it to A.
When does the validity of GPA end, after the secretary is dead or after the registration to B.
Who is the rightful owner, X or B?
And who has been cheated by the society, A or B?

The litigation is going on.

Thanks in advance.

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