Hello,

1). The GPA expired with the death of your father. Besides you need a registered POA to make any transfers.

2) as you have paid a consideration to your father in an agreement to sell you can send a legal notice to the buyer, your brother and his wife and demand the money to be paid. Do not give up possession.

3) You don't need to make any documents or try to make your brother a tenant as your GPA has no validity and besides your moves will be considered fraudulent.

4) Once you have issued a legal notice, file another complaint to the police along with a copy of the legal Notice.

1) it is necessary to peruse agreement for sale executed by your father to advice

2) if after receiving consideration from you and handing over possession to you if father execute sale deed you will have to move court to set aside sale deed executed by father in favour of purchaser on grounds of fraud .

3) obtain injunction restraining purchaser from disturbing your peaceful possession pending hearing and final disposal of suit

4) however your chances of success are bleak as under section 54 of transfer of property act sale of property has to be only by registered instrument . in other words sale deed ought to have been executed by your father in your favour

5 if during his lifetime father had sold property by sale deed will would be hardly of any value

6) GPA ceases on your father death . it appears in order to save on stamp duty and registration charges modus operand i of will , GPA and agreement for sale was done

1) The Supreme Court of India in ‘Suraj Lamp & Industries V. State of Haryana’ has examined the validity and legality of GPA Sales (SA/GPA/Will transaction). The Hon’ble Court has held that “… … … We therefore reiterate that immovable property can be legally and lawfully transferred/ conveyed only by a registered deed of conveyance. Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property. The courts will not treat such transactions as completed or concluded transfers or as conveyances as they neither convey title nor create any interest in an immovable property.

Hi, you have to file a suit for Specific performance of the contract based on the agreement before the court.

2. As far as stamp duty of the sale it is better contact local advocate.

If you suspect fraud or foul play in execution of sale deed in your brother's wife name and suspect coercion or or fabrication of document in order to have wrongful gains by this deed over the property, you can besides lodging a criminal complaint with the police for fraud and cheating acts, can file a declaratory suit for declaring the said sale deed as null and void for the reasons that it was fraudulently obtained especially while your father was unable to even move out his bed owing to his acute illness and also that he never made any thumb impression so far in his life except signature.

You can consult a local lawyer with all your papers/documents, discuss at length all those issues involved in it and proceed as per the situation with the legal actions accordingly.

1. You can challenge the sale deed in the court which can declare it as illegal on the ground that it has been made under coercion.

2. Affixing of thumb impression when he used to sign is a suspicious circumstance.

3. Police complaints will not undo the transfer of property which has been made. The legality of third party rights can be adjudicated only by the civil court.

4. The amount of stamp duty will be calculated on the basis of the sale deed and not the agreement to sell.