• Unregistered will

My grandfather had obtained general power of attorney year 1989 for 23 approved plots and whereas  sunquently he has obtained unregistered  sale agreement  in year 1989 mentioning that  principals and the legal heirs have no right in that property and sale was valuable consideration  mentioning money was recievied by the pricipals  whereas agent have  full right he can sell  property after that he sold 22 plots and 1 was left for my father and wrote an unregistered will  in name of my father after death of agent will  will not be valid so with unregistered will and gpa and sale agreement  can my father write settlement deed in favour of me(son) .some people say  to validate the sale agreement before the district registrar. say me the correct answer.
Asked 3 years ago in Property Law
Religion: Hindu

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13 Answers

1) on demise of your father power of attorney comes to an end

2) your father needs to approach seller / legal heirs to execute registered sale deed in his favour

3) your father cannot execute settlement deed in your favour as he has no title to the property

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

After the death of your grandfather the POA loses its efficacy.

But your grandfather has left a will by means of which he has left one flat for your father

That will can not be probated without the consent of the person who executed POA in favour of your grandfather

And as such your father can not transfer the property to you as he does not have any title on the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17868 Answers
325 Consultations

5.0 on 5.0

your question is not clear. kindly provide the facts step-by-step.

Naveen K Pandey
Advocate, Gurgaon
3 Answers

4.0 on 5.0

Unless a until a pepr deed 0f conyance is executed and registeredon payment of stamp duty such trasnfer has no legal effect.

Hence if the seller s dead then get his legal heirs to sign as vendors and get a deed of sale registered. Such unregistered sale agreement and POA has no value.

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

1. Title of property is conveyed through registered deed of conveyance and also probate of will.

2. From 2012 the sale through POA has been ordered against by the Supreme Court in case of Surya Electrics ......Vs............The State of Haryana.

3. Since the said sales based on the GPA was in the year 1989, they were valid.

4. However, for the property which was willed, the donor shall have to be its title holder which has nowhere been registered by paying the stamp duty and registration fee making the will invalid in the eyes of law.

5. You shall have to file a declaratory suit before the Court praying for a declaration that your grandfather became the owner of the entire property by virtue of the sale agreement where in it has been noted that he has already paid the full consideration tom the earlier owner of the property with a direction upon the Registrar to register the sale agreement and recording your grandfather's name as the title holder of the entire property. by collecting the required stamp duty and registration fee.

6. Once the above stamp is taken, the will executed in you favour shall become valid.

7. Apply for grant of probate of the ill by the Court to complete the process.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 Consultations

5.0 on 5.0

At present your father has no legal right over the property. So he could not execute a settlement deed in favour of you.

A power of attorney is an authority given by one person to another, authorising him to act on his behalf. Here the agent, Grandfather have right to sell property only. It is not mentioning or giving power to create a will. According to the Power of Attorney Act 1882, power of attorney 'includes any instrument empowering a specified person to act for and in the name of the person executing it.

So in your case the power of attorney have not a good evidence for getting the property. Butit has a big role also. The same time can be use the unregistered sale agreement. As per the sale agreement, your grandfather paid entire valid consideration for sale. So he becomes owner of the property by way of creating a sale deed in favour of him.

So a declaration suit is good for getting the share. Declare that you father is absolute owner of the property by way of will subsequent to sale agreement. It is only a experimental suit. So many question of law can be discussed the validity of deeds

Ajay N S
Advocate, Ernakulam
3826 Answers
82 Consultations

5.0 on 5.0

Yes please get registration off agreement to sale, and sale deed, as the said unregistered documents are invalid until they are registered

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

though the will is un registered is has its own sanctity and validity provided the will must be proved if any challenge against the will by way of two attestars evidence in the court of law

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

your father wants to settle a property in your favour

now the question is how your father as well as your grand father became the owner of the property.

admittedly your grandfather was PoA holder as wellas Unregistered sale agreement holder but by those documents your grand father had not become the owner of the property.

first of all your father or your grand father must have to become the owner of the property then they can settle anyhow and for that your father must have to register a deed of conveyance in his favour through the principal owner or his legal heirs. then he can settle the same in your favour.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

Hi, your father should probate the WILL from court , and then he can transfer the plot in your name

Hemant Chaudhary
Advocate, Gurgaon
4605 Answers
51 Consultations

4.9 on 5.0

Unregistered WILL is valid but probate is compulsory in Chennai.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Thai case is concern, in particular to the plot, which given to your father there is no title right has been transferred any the possession has been transferred. In case, as a POA if your grand father executed the sale deed in favour of your father then ur father have clear tiltle. But he had executed the Will, the POA doesn't have right to execute the Will. The title has not transfer absolutely. Your father can exexute the Will to transfer his possessary titile but cannot execute the settlement deed in favour of you.

Selva Perumal
Advocate, Chennai
320 Answers
36 Consultations

4.9 on 5.0

The testator cannot transfer the property by a testamentary disposition i.e., a Will for the property to which he has not marketable title.

Thew power agent or the sale agreement buyer has no title to the property hence any bequest made through a will is not legally valid.

If the Will is not valid then the bequeathed made in your father's favor cannot be enforced.

The GPA has no authority to transfer the property through a will of his own to anyone of his choice.

The sale agreement made in your father's name is barred by limitation at this stage since the limitation is just three years from the date of execution.

Since your father has not got the registered title deed in his name, any transaction made by him in respect of this property as a owner shall be invalid

First he has to get the property transferred to him by a registered sale deed and at this stage the principal or in his absence, his legal heirs have to execute the same.

This involves lot of questions of law which cannot explained in detail here, hence you can better consult a local lawyer and proceed with the proper legal course if you want remedy legally.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

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