• Registration of Sale Deed

The Testatrix has bequeathed her property through Registered Will to her son, which she had acquired through GPA & Agreement to Sell. After the death of her mother,the son made a GPA in favour of his son authorising him to deal with the property in the way the son's son like.Who is the legal owner of the property, the son or the son's son. Since this property is to be sold, whether sale consideration shall be received in favour of the son or the son's son.
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

1) testatrix had no clear and marketable title to property 

 

2)to confer clear and marketable title to property registered sale deed ought to ha e been executed in testraix favour 

 

3) has mutation been done in favour of son on basis of the registered will 

 

4) whether probate of will was issued by HC or district court 

 

5) sake consideration    Should be received by son only 

 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Son does not have e clear and marketable title to property 

 

son   have executed registered sale deed or gift deed in his son favour 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Here the owner will be in whose name it's mutated.  GPA will not give ownership until it is registered.  Presently supreme Court has also barred transfer of property through GPA to avoid frauds and multiple fake sale transaction. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

The first owner is legal owner as the property was sold by agreement and GPA, the first owner needs to first make a registered sale deed or a suit of declaration has to be filed by deceased son as legal heir. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sale deed is required GPA and agreement to sale are no instrument of transfer. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Legal owner is SON and will be represented by SOn's Son.

Son's Son will have the sale consideration, provided GPA clauses favour to him

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

1. According to a Supreme Court judgement, transactions /transfers /sale of Immovable properties is illegal and is null & void.

2.  The property which is received by the Son, thru his mother's registered will, shall remain the absolute property of the Son.

3.  The major Son of the beneficiary Son, has no right on such property of his grandmother and can act only as a attorney holder, IF he is appointed so by his father.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The testatrix was not the legal owner of the property nor she had a clear and marketable title to the property hence the registered Will bequeathing the property to her son cannot transfer the proeprty to her son nor he can claim title to the property based on this Will.

Therefore any subsequent transactions made in regard this immovable property by anyone is invalid in law and can be challenged in the court of law for its maintainability.

The GPA in favor of the mother stads automatically revoked, hence the legal heirs of the decesed  GPA holder cannot claim the property on the basis of GPA, however the legal heirs can demand the principal and the original land owner to execute a registered sale deed in favor of the legal heirs of the deceased buyer who had entered into the sale agreement  and can also file a specific performance of contract in this regard provided it is not barred by limitation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If the bequest made by the mother in favor of her son by a Will itself is invalid, then all the subsequent transactions in respect of this immovable proeprty shall be invalid in the eyes of law and cannot be regularised until certain procedures as suggested earlier are followed.

Discuss with your advocate in the local on this issue on the lines mentioned in the reply for more clarifications.

Please note that supreme court has clearly given a mandate that the GPA is not the title to the property, hence any GPA holder claiming title to the property on that basis is invalid and illegal,.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Testatrix cannot be deemed as the owner of the property as transfer through general power of attorney cannot give ownesrship title to the buyer as per law. 

Property can be lawfully transferred only through registered sale deeds. So, the the well executed by the bequeathing said property does not have any value, thus, the son or son's son also cannot be deemed as the owner of the property.

You would need to get a sale deed executed from the original owner of the property in order to get a clear title in the property.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It would make no difference even if the son has transferred the said property to his son through GPA & Agreement to Sell as the person making the GPA has a defective title.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Father is actual owner and after his death, GPA will expire and his son is sole owner, grand son wish lost if not acted while grand father was alive.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Dear client 

In this case the property owner is the son of the lady not the son's son but the grandson means son's son have the right to sell the property through the GPA issued to him by his father and the father is entitled to get the money from sale proceeding not the son's son who is GPA holder. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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