• Mother disown son on property purchased in GPA 1988

Property is in Delhi was purchased by my father on my mother name in year 1988 under GPA , property is not registered.
Khasra 396/264 
Village chilla Village saronda bangar
I'm also living (son) age 38 , I have below question
Can my mother transfer unregistered property purchased on GPA to my sister without my consent

Is it a valid transaction if property is transferred to my. Sister (married)

Can my a mother disown his son from this unregistered property purchased in GPA (if not transfer to daughter)

What legal rights I have to make my stay continue in this property along with my wife and 6 month old baby girl.

Under which section my mother can file a suite to vacate the premises.
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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17 Answers

In order to confer clear and marketable title sale deed ought to be executed by GPA holder in favour of your mother

2) sale deed ought to be duly stamped and registered

3) your mother can execute gift deed in favour of her daughter

4) not necessary to bequeath any share to son

5) you have no legal rights on said property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

The mother is the absolute owner of the property and she may disown you as her civil right by pronounce her decision in the local news paper.

As you are living in the same property and if she files an eviction suit in the high court as a mandamus writ the court will order the eviction.

You will have the rights on the ansestral properties as the disown action will not affect your rights.

There are various sections in succession act and welfare of parents act in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes your mother can transfer the property on basis of power of attorney and has sole right over the property.

Though supreme court in suraj lamps has held that transfer on POA is not valid purchase or transfer but has exempted all POA before 2008 for execution of sale deed.

So mother can make a gift deed on favour of your sister based on power of attorney.

Sir, you have no right over the property.

Further your mother can file an eviction suit to evict to from property and under Maitaince and welfare of senior citizen act your mother can ask your eviction from property.

You will have claim.on coparcenary property I.e ancestral property from there they cannot.take away your right but here your mother is sole owner and she can transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The holder of the property is at this liberty and have nothing to do on immotions. If you feel that by doing so you claim rights on the property then you may contest it.

You are bound to maintain the parents under section 125 of CRPC as allowed by the court if necessary.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firslty, though the law is not in your favour as it was the self acquired property of your father.

Secondly, the amount which you spent are considered to be as per your own wish in the eyes of law.

Thirdly, when there are isolate situation of this there can be an interpretation of law as per the facts and circumstances if each case.

Lastly, something can be moved in your favour if we happen to find some Supreme Court judgements.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Respect sir, law gives complete right of property to the owner of property and they can do whatever they want with there property.

You contest a case purely based on emotions sir.

Furtherance to this your parents can even claim maintainance from you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Unfortunately property has been purchased in mother name

If your mother dies intestate ie without a will you would have equal share in property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You can continue to stay in said property

If mother files eviction suit it would take years to be disposed of

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

For that also, if your mother may able to proove that you are subject to some misbehaved with her then also she can disown you.

But, still I advice you to do anything before that go by various judgements which can help you as you alhave sent also in that property.

If you wish we can have an appointment also for the same.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

For that only options is keep acquiring premises if mother files a suit take defence that there was family settlement when you furnished amount for maintainance that you get right to residence in property. The eviction suit will take much time to dispose.

Also if mother transfer property your sister has to file for eviction see cannot force you out.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your question: Can my mother transfer unregistered property purchased on GPA to my sister without my consent

Answer: No she cannot because it is unregistered property therefore the GPA has no value;

Your question: Is it a valid transaction if property is transferred to my. Sister (married)

Answer: It is not valid, since your sister will never have a perfect title;

Your question: Can my a mother disown his son from this unregistered property purchased in GPA (if not transfer to daughter)

Answer: No, she cannot. Technically your father is still the owner of the property. Since he paid the purchase amount.

What legal rights I have to make my stay continue in this property along with my wife and 6 month old baby girl.

Answer: If your father is still alive, then ask your father to transfer the name of the property to your name or make a will wherein all his legal heirs are legal owners;

Your question: Under which section my mother can file a suite to vacate the premises.

Answer: She can file a suit in court, but it is not maintainable since she is not the owner. She can file a suit under section 5,7 and/or 8 of Specific Relief Act, 1963.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

My dear for this purpose only you have to keep cordial relation with your mother so that she cannot take any legal action against you any legal action taken by her is going to create problem for you only

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Can my mother transfer unregistered property purchased on GPA to my sister without my consent

First of all the unregistered GPA is not a valid document, hence she cannot transfer the property to anyone's name becasue she herself if not an absolute owner of the property.

The GPA holder is not a porperty owner and they do not have marketable title to the property.

Is it a valid transaction if property is transferred to my. Sister (married)

She cannot transfer the property and if she does,m then it is not valid.

Can my a mother disown his son from this unregistered property purchased in GPA (if not transfer to daughter)

The mother or the property owner has discretion to transfer or dispose the property on his/her name to anyone of their choice or desire.

Th third person cannot claim any share in it as a right.

However in this cse your mother is not a legally recognised owner of the property.

What legal rights I have to make my stay continue in this property along with my wife and 6 month old baby girl.

You dont have any rights in a property which do not legally belong to you.

Under which section my mother can file a suite to vacate the premises.

If she is the legally valid owner she can very well file an eviction suit against you for staying in the property

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

If you have an account for the money spent, you may issue a legal notice to our mother demanding her to return the money you hav given to hr for the purpose of constructing the house.

you cannot claim any right over it if this property do not belong to you in any manner.

If you have spent the money as a dutiful son, then dont claim anything.

You cannot expect anything in return while you have carried out your filial duties.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

I'm not asking any part from property I'm ready to give maintaince , what I'm asking is right to live in the property where my all earning got spent otherwise I could have been in a better financial position to move out.

That property can generate a income of [deleted] per month

You Were not compelled to spend on this house property, if so then you can claim for the return of the same from the person who forced you to spend on it. But this spending will not entitle you to claim any right over the property until and unless there is an agreement to this effect.

As per law, even she is not the rightful owner, the principal who gave her the power of attorney deed shall be considered as legal owner as on date.

Therefore her transfer to your sister can be challenged becasue the power deed is by an unregistered document.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hi,

As per the law in vogue, your mother can give that property to your sister. But, you may stop that by filing a suit in the court stating all the facts that you have spent money on that property.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If the same is mother's self acquired property then she can decide whom to give the same. She can also disown anyone if she doesn't want to give the property.if it's ancestral Property then she can't do that. And if the property is your father's property you also have a share in the same. She need to file eviction suit for evicting you.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

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