• Demanding money for second registry

One of my friends' father purchased property GPA/SA/Will in 1988. All three documents are registered. Now my question is my friend's father expired recently (June 2013). Having GPA >>First registry has been done by my friend's father. When my friend contacted the original allotted to come and sign for second registry, he is demanding huge  amount which is out of his reach. He gives threat on phone.(like he is give me the money or I will do POA with somebody else and you cannot do anything else.)
 What should be done please advice with best possible ways to tackle such greedy persons.
Asked in Civil Law from Meerut, Uttar Pradesh
GPA will cease to have any effect on your father death . your father ought to have transferred property in his own name . whether property has been transferred in your father name on basis of registered power of attorney . ?if property has been transferred in your father name you dont need original allot tee for second registry . 

it it has not been transferred better arrive at an amicable settlement with the seller .
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

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The GPA ceased to exist after the death of your friend's father. Was the property registered on his name by your friend's father? If the property was transferred in his name then you do not need the original allottee again. If no transfer was made then going to court now may be futile, in which event he should arrive at a settlement with the seller.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

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the problem with you is that you are not clear with your facts . both i and my learned friend MR asish Devasar has asked you whether property has been registered in your friend father name . if property has been registered in your friend father name you dont need to go to court . always remember to answer queries posted to you by experts . 


if your friend is residing in said property for 25 years he can always claim adverse possession as defence . . it is better you contact a local lawyer with the case papers
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

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if property has been registered in your   friend father name then he was absolute owner of said property . 

on his death mutation has to be done in name of legal heirs ie his  mother and her children . .
 you dont need   original allot tee signature now . once property transferred  in name of legal heirs they can dispose of the property
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

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