• What is the validity of "kul mukhtyar patra"?

My father sold a property to a X person in 2004. He only made notarized kul mukhtyar patra that time and paid the said amount to my dad and till date no other documents are registered (for example - Kharedi khat, etc). Now that X person had build his own house in that property and living there since 2004. Is it legal? 

What is the validity of "kul mukhtyar patra" made before 2008? After some research on your site I suppose after 2008 law of GPA is changed.

My father is died and that X person now wants to do "Kharedi Khat". Current rate of that property is too high now. What if I don't want to sell? Can I sell in current prize to him or someone else?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) I presume kul Mukhtiyar Patra means power of attorney

2)POA ceases on death of your father unless it is coupled with consideration

3) since full consideration was paid to your father. On his demise you should execute sale deed in favour of the purchaser

4) you cannot sell property to third party

5) if you do so he will file suit and seek stay restraining you from doing so

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You cannot ask purchaser current sale price

2)your father was paid full consideration for sale of the property

3) I presume consideration was paid by cheque and purchaser has acknowledgement of payment made to your father

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

The intention of your father was to sell the property to that third person, accordingly he sold the property by a proper means known to him.

No doubt the sale is not legally valid when contested in court.

However it becomes your duty to execute the sale deed in his favor since this property was already transferred to him by sale.

Being legal heirs of your father, the execution of registered sale deed in favor of the person who bought this property on that date is your duty.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

I can not ask the purchaser to pay me as per current increased property rates, right?

As the buyer had paid full sale consideration on that date itself, the demand of any excess at this stage is unjustified.

You have to be reasonable in this.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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