General power of attorney
My Grandfather had two wife’s, he had one (1) SON and (3) Daughters from the first wife and (3) sons and (1) daughter from second wife. He married the second wife after the death of his first wife.
I am the son of his first wife son & I have 2 sisters.
Query;- My father died in the year 1989, My grandfather made a will in the year 1990 of a property measuring 1 acre agricultural in Bangalore equally to his 3 sons from second wife. (It was one of my grandfather’s ancestral property)
The same property In the year 1992 my Grandfather and his two sons (2 nd wife) gave a registered GPA to one Mr. Rajashekar for the entire 1 acre, last son was a minor. My grandfather died in 1998, Mr Rajashekar in the year 2002 sold the property to Venkatesh.
The sale deed executed in 2002 shows my Grandfather’s and my three uncle’s name represented by Rajashekar as a GPA holder in favour of venkatesh.
Now is the sale deed made by rajashekar to venkatesh valid and since my father died before my grandfather do I get rights in the property, The said land was converted from agricultural to residential purpose.
The sale deed was made after the death of one of the GPA issuer.
I along with my mother and sister’s have filed a suit to declare the sale deed dated 2002 as null and void, against my 3 uncle’s and the GPA vendor and the purchaser in the civil court,
Asked 3 years ago in Civil Law from Bangalore, Karnataka
what is the court fee that i have to pay for recovery of position & cancallation of the sale deed( Venkatesh has got the land converted from agricultural to non agricultural purpose and has got the RTC transfered to his name in year 2010)
Query 3: None of them have appeared to the court since the beginning ( filed the suit in feb 2013) All have received the notice but have not appeared to the court. Now my uncles has come forward and given a statement in the court that they have not executed any GPA favouring Rajashekar,
Asked 3 years ago
Basically the GPA agent cannot sell the property on behalf of the principal who died at the time of execution of ghe said sale deed by the agent, hence the sale deed is null and void on that count. However your claim for a share of your father cannot be maintainable due to the nature of the property.
The court fee differs from one state to another, so this can be clarified from local advocate or visit the court once and get clarified in person.
Wait for the outcome of the case, what is your lawyer's opinion about this?
1) I presume it was self acquired property of your grand father
2) if so your grand father could execute GPA in favour of Mr Rajshekhar
3) was power of attorney coupled with consideration
4) if there was no consideration GPA would come to an end on expiry of principal
5) for sale of minor share in property court consent is necessary
1. On what basis you say that it is the ancestral property of your grandfather?
2. If the property is ancestral then the will could not have been made by him. The title deed of the property would throw light on whether it is ancestral or not.
3. You get rights in the property only if the property can be proved as ancestral.
1. The court fee is not uniform throughout the country. Your local lawyer would be able to tell you the amount of court fee to be paid.
2. If none of them has appeared in the court then the court is most likely to strike ut their defence and rule in your favour.
3. If your uncles have disputed the execution of GPA in favour of Rajshekhar then you can obtain the certified copy of the said document from the office of the registrar to prove your claim.
1) court fees only local lawyer can guide you
2) if none of defendants have appeared you will get exparte decree
3) if no GPA was executed by your uncles and signature is forged then your uncles should file criminal complaint of forgery against persons who forged signature of your uncle