1 Answer
Dear Client, as per your query, the right to retrieve the property sold by your grandfather through a registered GPA would depend on whether the property is self-acquired or ancestral. If it is a self-acquired property, it means that the entire property belonged to your grandfather, and he could sell it as he pleased. In this case, you would only be able to retrieve the property if you can prove fraud, coercion, or unsoundness of mind on the part of the grandfather. However, if the property is ancestral, you are a co-owner of the property by birth. In this case, the grandfather would not have been able to sell the property without the consent of the other co-owners of the land. In any case, in the decision of the Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, it has been held that a GPA would not be sufficient to transfer the ownership of the land, and a registered Sale Deed would be required to obtain a valid legal title. However, if the sale deed has not been registered, the ownership of the land would still be with the heirs. However, you would be required to file a case within 3 years of the time you came to know about the sale of the land. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
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