I have following question ,

1. Since i have transferred property from my mother to my name , is this legally valid . Since the previous owner was nt involved .

Ans: GPA transactions are valid which took place prior to 2011. Involvement of preveous owner not required, as he already executed GPA and he never challenged the same.

2. I did not try to trace previous seller as i was afraid he may claim the property , also i am not sure how to locate him .

Asn: No need to trace hime. The moment you completed more than 12 years you become the owner as your title is perfected on the principles of “Adverse Possession.”

3. Can the previous seller claim this property , though its in our possession for 30 years now and if they do who has an advantage in law? despite the gpa clearly states that he has received his sale consideration money .

Ans. No, he cannot claim, his right already extinguished .

4. I had applied for an home loan in 2014, which got rejected because bank said the transfer is not valid as the previous seller was not present .

Ans: As per bank rules it might have rejected. Try another bank. 5. If the previous seller is assumed to dead before 2013 , does my transaction become illegal?

5. If the previous seller is assumed to dead before 2013 , does my transaction become illegal?

Ans. No, by no stretch of imagination your transaction cannot become illegal. Be cool.

Please suggest what should i do , as i was a mistake not getting it registered from the previous seller on time .

Ans. If you want title then file a suit for Declaration and give paper publication against the seller and then court will declare as owner.

1) your mother as GPA holder could be execute sale deed in your favour

2) GPA holder cannot claim property now

3) POA was coupled with consideration and GPA does not come to an end on his demise

4) you would be absolute owner of the property

1. The sale deed has already been registered in your name by the GPA holder for which the title of the property has been transferred in your favour.

2. Since GPA was executed in favour of your mother, she has registered the sale deed for which the executor of the GPA is not required to be present ordinarily. However, in case of Surya Lamps and Electrics Vs. The State of Haryana in the year 2012, the Supreme court has directed against such sale through GPA executed in favour of persons who are not family members to evade payment of Stamp Duty. The Bank is raising objection for the said reason. You can file a declaratory Suit before the Court praying for a declaration that the said registration of sale deed through the GPA by the original owner in favour of your mother is valid since the sale deed in favour of your mother could not be registered for the reason that the registration of deeds were suspended at that time.Unless you take the said Court order, you might face problem in case the owner dies since the GPA becomes invalid after the demise of its executor.

3.If the previous owner claims his property he will hardly have any merit in his such claim in the eyes of law.

4. If you get a favourable declaration from the Court against your declaratory suit filed as advised above, the Bank will raise no further objection in providing loan by mortgaging the said property.

5. If the executor of GPA dies, the GPA becomes invalid immediately on his death.

6. Your remedy now lies in getting the declaration in your favour by filing the suit as advised above.

Your lawyer can draft declaratory suit and forward it to you for your signature

2) your signature should be attested before Indian consulate

3) your personal presence is not necessary for filing

4) you can execute POA in favour of family member

5) your presence would be necessary only during trail for giving evidence

1. The sale is very much valid and there is absolutely no requirement at all to file declaratory suit. On the basis of the sale make mutation in your name and enjoy the property.

2. The requirement of declaratory suit arises only and only if someone else challenges your title and not in any other circumstances.

3. Notarised gpa to make transfer of immovable property was valid when it was done to your mother.

1. You may file Civil Suits through your Power of Attornery and your presence during course of evidence will stregnthen the case. You are required to visit Court only when posted for evidence if so requied.

2. The detailed procedure is as follows.... Ordinarily it will take 3-4 months if other side do not appear and if appear it will take 12-18 months. Fee will depend upon understanding starting from Rs.25,000/- plus Rs.1,000/- for every hearing to junior advocate. The detailed procedure is as follows.

Procedure For Filing A Suit/Case

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There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the registry has a right to dismiss the suit

The Procedure is as follows:

Filing Of Suit/Plaint

Vakalatnama

Court Fees

How Proceedings Are Conducted

Written Statement

Replication By Plaintiff

Filing Of Other Documents

Framing Of Issues/List Of Witness

Final Hearing

Appeal, Reference And Review

Limitation

Filing of Suit/Plaint

In layman's language plaint is the written complaint/allegation. One who files it is known as "Plaintiff" and against whom it is filed is known as "Defendant" The plaint has to be filed within the time limit prescribed in the Limitation Act, and should be typed copy, in double line space. Name of the Court, Nature of Complaint, Names and Address of parties to be suit has to be clearly mentioned. Plaint should also contain verification from plaintiff, stating that, contents of the plaint are true and correct

Vakalatnama

A person/party filing a case, May also represent their own case personally in any court.

However, due to lack of knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.

" Vakalatnama", is a document, by which the party filing the case authorises the Advocate to represent on their behalf?

On General Terms, a Vakalatnama may contain the falling terms:

The client will not hold the Advocate responsible for any decision.

The client shall bear all the costs and/expenses incurred during the proceedings.

The advocate shall have right to retain the documents, unless complete fees are paid.

The client is free to disengage the Advocate at any stage of the Proceedings.

The Advocate shall have all the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.

Vakalatnama is affixed on the last page of plaint/suit and is kept alongwith court records.

No fees are required to be paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. "Advocate Welfare Stamp" to be affixed on the Vakalatnama.

Plaint should also have the requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act."

Court Fees

Different amount of court fees is paid for different type of documents.

Some of them are as follows;

In case of plaint/written statement == 10 RS. == if the value of the suit exceed Rs.5,000/- upto 10,000/- Plaint , in a suit for possession == Fee of one half of the amount above.

On a copy of a Decree or order == ( 50 paise ) == if the amount or value of Having the force of a decree the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees.

Vvalue of Suit

Value of suit exceeds Rs. 1,50,000-1,55,000 == Rs. 1700/- Value of suit exceeds Rs. 3,00,000-3,05,000 == Rs. 2450/-

Value of suit exceeds Rs. 4,00,000-4,05,000 == Rs. 2950/-

Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide whether the proceedings should continue or not. If it decides, that the case no merits, then it will dismiss it there itself, without calling opposite party. If it decides otherwise, then proceedings shall being

How Proceedings Are Conducted

On the first day of hearing, if the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date. On issuance of notice to the opposite party, the plaintiff is required to do the following:

File requisite amount of procedure--- fee in the court. File 2 copies of plaint for each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed. Of, the 2 copies for each defendant, one shall be sent by Register/post/courier, and one by Ordinary post. Such filing should be done within 7 days, from date of order/notice.

Written Statement

When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice. Before such date, the defendant is required to file his "written statement", i.e. his defense against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct. The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.

Replication By Plaintiff

"Replication" is a reply, filed by the plaintiff, against the "written statement" of Defendant. "Replication" should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted. Replication should also contain, a " verification" from the plaintiff, stating that contents of "Replication" are true and correct. Once Replication is filed, pleadings are stated to be complete.

Filing of Other Documents

Once, the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims. Any document not filed or produced cannot be relied upon, during final arguments. Filing of Documents is not sufficient. They should be admitted and taken on record. In brief the procedure is as follows:

Documents filed by one party may be admitted by opposite party. If they are denied by opposite party, then they can be admitted by the witness produced by party whose documents are denied. Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document. (O13 R49 7) Documents, which are rejected i.e. not admitted, are returned to the respective parties. It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party.

Framing of Issues/List of Witness

"ISSUES" are framed by the court, on the basis of which arguments and examination of witness takes place. Issues are framed, keeping in view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues". Issues may be of: A) Fact or B) Law While passing final order, the court will deal with each issue separately, and pass judgement on each issue.

LIST OF WITNESS

Whichever witness, the parties wish to produce, and to be examined, has to be produced before the court. Both the parties to the suit shall file a list of witness within 15 days from the date on which issues were framed or within such other period as the court may prescribe. The parties may either call the witness on it's own, or ask the court to send summons to them. In case court send summons to witness then the party calling for such witness has to deposit money ' with the Court for their expenses, known as "Diet Money". A person, who does not appear before the court, if he is required by the court to do so, then the court may impose fine and penalty on him. Finally on the date, the witness will be examined by both the parties.

Examination by party of it's own witness is called "Examination-in-chief" Examination by party of other party's witness is called "cross Examination". Whatever, has to be deposed in " Examination-in-chief", can also be filed by way of an Affidavit. Once, the Examination and Cross- Examination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing.

Final Hearing

On the day fixed for final hearing, the arguments shall take place. The arguments should strictly be confined to the issues framed. Before the final Arguments, the parties with the permission of Court, can amend their pleadings. Whatever is not contained in the pleadings, the court may refuse to listen. Finally, the court shall pass a "final Order", either on the day of hearing itself, or some other day fixed by the court.

Dear Client,

Transfer of ownership through GPA that also unregistered is not valid transfer of title but is good proof of payment of purchase. This makes ur mother right ful title holder of property, Only defect exits is non payment of stamp duty.

If bank has rejected the laon dosen`t dispute ur title as owner. Sale is eve valid on the basis of GPA from previous owner. Don`t search him, he may try to take advantage of occasion.

Neither u need to file declaration suit, not required.

On the basis of sale deed, get the property mutate in ur name in elevant taxes , conversion charges , betterment charges , municipal records.

1. You can execute a POA in favour of any of your friends and relative, authorising him/her to file and pursue the said case for you by appending your signature and getting it notarised before the appropriate officer of local Indian Consulate.

2. Based on the above POA your POA holder can file and also pursue your said declaratory suit in India.

3. The fee to be charged by the lawyer varies from person to person. It should be with in Rs.60 K for filing the suit and rs. 3 to 5k towards per day's appearing charge.

The GPA deed executed in those days with intention to transfer the interests in the said immovable property to the GPA holder was a valid transaction, however the stamp duty may be paid and the same may be regularised.

For transferring the property to your name by the GPA, the principal should be alive and ratify the transaction as on the date of the proposed transfer.

If the property is already transferred to your name by a registered deed, then you may file a suit to declare the sale of property by the vendor is valid on the basis of the documentary evidences she possess and the declaration is required for the purpose of availing bank loan, you may include the bank as another defendant besides the vendor as a defendant.

Discuss with your advocate and move the issues following legal procedures as per law.