Hello,
The stay is not cancelled so easily.
Engage a good lawyer who can present your cause before the court.
If you want a concrete advise from us then share the copy of order and paper book with us.
Regards
Rights in property
Hello, There is one building which was started constructed in 1982 and it was built only as ground floor. And then it was sold as two different intekal patta to two different parties at different time. Its half part with roof was sold by the name of two brothers and another half part with roof was sold to their mother ( My grand mother ). And after two years of purchasing 1st floor was constructed and so there was verbal partition that on ground floor two brothers will run their business and on 1st floor my grand mother and grand father lived. At present in 1990 my grand mother writes her will that she lived on 1st floor including its roof and is named after her and his two son run their business on ground floor and so she writes her registered will in name after her third son. and then in 2009 she also writes one registered Irrevocable general power of attorney where she mentions same including roof in name of her 3rd son ( my father ) and in which give him rights to gift or sell the same property. And in 2017 my father using his power of attorney ( which was never cancelled till date also grand mother is still alive ) make a registered gift deed to me using same matter as mentioned in attorney. Now in 2018 when i constructed its 2nd floor my two paternal uncle filled a civil case against my father and me that this property is transferred by fraud to me. And also court gave stay orders on constuction of 2nd floor however we have appealed in DC. Now my grand mother in influence of two paternal uncle also filling complaint against us that property was transferred without my permission and fraud was done with me. My question is if this stay order can be cancelled? Is gift deed done by GPOA holder ( My father ) in name of my grand mother can be revoked?
Asked 7 years ago in Civil Law
7 Answers
1. Your father can legally transfer the property to you using the power of attorney granted to him by your grandfather
2. You will have to file an appeal from order to challenge the stay order
3. The power of attorney can be revoked by your grandmother but she will be bound by the actions of her attorney prior to the revocation. So even if poa is revoked, the gift deed in your favour cannot be reversed now under the excuse of revocation of power of attorney
Yes the stay order can be cancelled the Power of attorney of grand mother can be brought on record showing the transfer was legal.and she herself gave the power to transfer further prima facie no case to stay the proceedings arise.
See it's through valid GPA in my opinion it cannot be revoked until the GPA is proved false and illegal or forged so in case grand mother herself gave power no she cannot refuse as there was no cancellation of GPA.
1)once POA has been executed by grand mother authorising father to sell property father could execute gift deed in your name
2) since POA was not revoked by grand mother your father waas at liberty to gift property to you
3)your grand mother has to file suit to set aside POA
4) stay order can be set aside
Now as per Supreme Court judgement any stay order will be effective till 6 months and continuing the same more than 6 months the court has to record reason in writing.You need to file the appeal in appeallte court to vacate the stay.
Yes by registered revocation deed.
If the power of attorney deed authorised your father to transfer the property by executing a registered gift deed, then the transfer is valid.
There is no fraud in it.
You can file a petition seeking to vacate the stay or the temporary injunction in view of the loss of material and the property getting damaged due to incomplete constructions.
You can follow it up through your advocate without any lapse.
