• Legal question on property

Father sold house to me in yr feb 2014 on agreement to sell n received full final payment receipt ticket. n gave possession also in nov 2014, i have GPA for house n shop oct 13 n will Nov 2014 for the house n shop.

A week before the sale deed with new buyer of the house july 2015 father requested to extend time for sale deed on plan paper  i didnt have time to get stamp paper so on plan paper he agreed will do the sale deed. end oct.2015

Father just expired last week i have filed online and  in person complaints for fraud. i still have the possession of the house.

The house was sold in exchange for another new house. and new house with three floors out of which two floors is in my younger bro wifes name

Father had admitted few days before his death that he never put two floors in bro wifes name
101% this deal was done in fraud way father does not know that the house 2 floors is in bro wifes name

fathers last days he confessed that he did wrong n i was threatened n forced. by younger bro to sell n father asked me what can i do

I have back date Aug 2015 thumb impression  on stamp paper affidavit agreement gpa n blank paper. ... what relief i can get from these above documents

Father was complete on bed for 3weeks n cud not sit move n eat by himself

Suppose father  was ok can legit thumb impression can be challenged by saying that father used to sign this thumb impression is bogus.

can i go to court above non registered documents agreement to sell affidavit receipt n possession letter will.

i have made police complaints online july 2015 deal done with threat n fraud . can i file criminal case against the seller and bro n his wife.

can  the sale deed for both property existing and new one and possession be stayed.
what are the chance of wining. can court reverse the sale deed for both property.

i have GPA of house oct 2013 and in fathers name bak date stamp paper Rs 50 others n Rs 50 agreement to sell and GPA affidavit can i rent room and sell the shop bak date aug 2015 just create problem for the buyer so that he cant take the possession of the house

we are three bro . wud that be ok if my second bro shows he is tenant n paid rent Rs 500 mth to father just to stop the possession of the house. Bro all  ID on same house adress.

how much is approx stamp duty based on Agreement to sale property 2cr
thank u very much.
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Sikh
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.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

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
Ajay Sethi
Advocate, Mumbai
44319 Answers
2572 Consultations

5.0 on 5.0

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.
Ajay Sethi
Advocate, Mumbai
44319 Answers
2572 Consultations

5.0 on 5.0

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.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.3 on 5.0

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. 
T Kalaiselvan
Advocate, Vellore
34471 Answers
372 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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