• Property sold by GPA holder

dear sir,
we have a property in bangalore.
original land owner and his wife (representing there minor children) had given gpa and sale agreement to mrs. xx in the year 1986 which was not registered but notoryized and sworned before judge.  mrs. xx executed a registered sale deed to mr, yy (her husband) in the year 1994 and died in 2000. mean while mr. yy had regularised the site by paying betterment charges to cmc and got khata in his name.  later mr. yy sold the property to my father thru registered sale deed in 2001.  my father got khata transfered to his name and build a house after obtaining building plan by cmc in 2002 and we were living there since then. the property came under bbmp, khata was obtained by bbmp in the name of my father and there after regular tax as been paid to bbmp,  my father died in 2008,  there after in 2013 i got the property registered in my name thru release deed and got khata transfered in my name and paying tax to bbmp.  original land owner his alive as on date.
my question is..
1) can original land owner claim on the property.
2) can legal heirs of original land owner claim on the property.
3) do i have full rights on the property.
4) do i face any legal problems on the property in future.
5) can i sell the property.
6) does the new purchaser face any legal problems in future.
please clarify and give correct suggestions.
thank you in advance.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hi, after completion of more than 25 years now it is difficult to say they will come and sue you.
2.but there may be a chance but they have to file suit and it will take long legal battle.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) GPA has to be registered to make it possible for GPA to sell our make any kind of transfer and such transfer to be held legal.

2) If the property in question was ancestral property, in order to sell the share of the minor the parent or guardian had to seek permission of the court. If the sale was done without permission from the court, upon attainment of majority the affected minor can challenge the sale /transfer.

3) Unless and until the sale is challenged in a court of law, you should not have a problem with the title of the property as the absolute owner.

4) If you have marketable title to the property you can sell and the purchaser will also acquire good title and would not face future problems and vice versa.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) you have stated that original land owner and his wife (representing there minor children) had given gpa and sale agreement to mrs. xx in the year 1986 which was not regsitered

2) please clarify who was the owner of property? whether it was self acquired or ancestral? 

3) what was the share of minor children in property? 

4) for sale of minor share court permission is required . in case court permission not obtained minor can on attaining majority challenge sale within period of 3 years . 

5) further GPA for sale is required to be  registered . 

5) original land owner cannot claim the property now after lapse of 29 years . 

6) minor children cannot also claim  as any suit for setting aside sale ought to have been  brought within 3 years of attaining majority 

7) in the event you approach bank for loan against the property bank may not sanction any loan because of tile defects . 

8) you can sell the property if you so desire
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. You have stated "original land owner and his wife (representing there minor children) had given gpa and sale agreement to mrs. xx in the year 1986 which was not registered but notoryized",

2.Please clarrify whther aproval from district Judhe was availed for selling the monors share of the property?

3. Moreover. sale through unregistered GPA is invalid,

4. However, the minors can challenge the sale of  their share of the property within 3 years of attaining majority,

5. Since the sale deed has not yet been challenged by those minors even after three years after attaining majority your title deed will be treated as valid.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. The document given by the original land owner to mrs.xx is a POA and not sale agreement. You have also stated that the said document was not registered.

2. In what capacity did the original owner and his wife represent their children? What is the antecedent title of the property? What was the share of minor children, moreover was it adequately protected? Was permission sought from the court to sell their share? These questions are germane to decide whether the original owner could have made the sale or not.

3. If the POA executed by the original owner in favour mrs.xx is not registered then the sale made through the said GPA is illegal and can be  challenged in the court by the children of original owner. The title of all subsequent purchasers is not clear if the said GPA is not registered. 

4. You can face umpteen legal hassles in future as the sale can be challenged by the children of original owner as also of mrs.xx.

5. The minors can challenge the sale only within 3 years of being major. If they have not done so you can purchase the property.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. How do you know that the said mproperty was ancestral? There shall have to 4 generations uninterupted flow of title of the property i.e. from great grandfather to great grandchildren to call a property ancestrail,

2. However, the sale conducted by the original owner to Mrs.XX is illegal since there was no sale deed registered before the Registrar,

3. So, the children of the original now claim ownership of the property on the ground that it was never legally sold to Mrs.XX and file a Declaratory Suit,

4. Minority ground will not be applicable here,

5. However, those grandchildren shall have to show reason for their delay in filing the said Declaratory Suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1)what basis you say property is ancestral ?please clarify . 

2)sale deed by original owner to Mrs xxx is not registered and hence in admissible in evidence .further as mentioned earlier POA for sale of property also requires registration . . ifPOA is not regd Registrar does not register  sale deed in favour of the purchaser . 

3) if minors had share in property court consent was necessary for sale of minor share . 

4)minors could have claimed share within period of 3 years on attaining majority 

5)grand children will have to explain delay in taking legal proceedings for claiming title to the property .

6) i you are able to find any buyer sell off the property .
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. On what basis do you say the property was ancestral?

2. If it was ancestral the sale itself is illegal as ancestral property cannot be sold by a person without the consent of all the share holders.

3. The POA executed by the original owner in favour mrs.xx is not registered. So the subsequent sale is illegal and can be declared so by the court. The absence of registration of GPA vitiates the title of all the subsequent owners.

4. If the minor children had any share the permission of court before sale was indispensable. They can now challenge the sale by explaining the delay.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0

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