Dear sir , 1) 2 sons and 2 daughters are alive still and one daughter expired in 2009 and father passed away in 1968 and partition is done in court between 2 sons in 2006 without release deed from daughters , and for ur kind information it’s inamthy property( property given by government for Brahmins for doing Pooja or land given to priest , granted on name of elder son ) not ancestral property. Inam land was granted to elder son in 1979 it’s granted directly to elder son , father expired in 1968 , first daughter got married in 1965 , second daughter in 1975 and third daughter in 1987. ... am 2 Nd son and land is granted to 1 elder son ... can daughter can claim equal rights . can daughter get equal rights or how the partition will be done and is notional partition applied here . Please do reply we contacted many lawyers we didn’t get solution.
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As the owner of the land I have given Registered GPA and sale agreement in 2015 October to other person .... as after three years the sale agreement was void but using GPA other person made absolute registered sale deed to himself in 2018 December without our knowledge and as the owner of the land we did not sign in the sale deed .... can we win this case if we appeal in the court.
Respected mam...
Law is equal for all.. Your brother got his share in that property so there is equal right for you too to be a share in that property and you have to make both the brother as respondents in your case only then you will get your right...
Thank you
Dear Sir,
First get the land back as GPA sales are illegal as per following judgment of SC
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No property sale on power of attorney: Supreme Court
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
I had executed a Agreement to sale on one flat at Agra U.P. in (date) with a validity of 15 months ,after 15 months the builder with mutual consent and reason that the the construction work is not over renewed it for another 12 months upto (date),again with the same reason it sought and extension of another 6 months of agreement to sale which was made and agreement to sale was extended upto (date).
After this we issued a notice to the builder and on reply to notice the builder through its legal counsel sought again time upto (date).Subsequently again a notice was given on (date) to execute the sale deed but the builder again replied by letter and sought extension upto (date) with the same reason that flats are incomplete.After (date) the builder is untraceable and recently he was arrested on forgery charges and currently in jail.On enquiry I came to know that the builder sold my flat that was having valid agreement to sale to third party with sale deed date.During this period my agreement to sale was valid but now builder is in jail what is the legal remedy and the party having sale deed has occupied the flat .now what is the legal remedy me to get my flat back.
Section 53A in The Transfer of Property Act,
1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.]
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Sec 202 of Indian contract act says irrevocable GPA cannot be cancelled as it is executed for consideration.
Section 202 in The Indian Contract Act, 1872
(a) A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death. (a) A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority, nor can it be terminated by his insanity or death."
(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death. (b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death."
1) whether daughters were party to suit proceedings for partition in 2006 ?
2)daughters have equal share in property of deceased father
3) on demise of daughter her legal heirs can file suit to claim share in property
Since this is a patta grated by the government the same is to be regarded as self acquired property of father and hence is liable for equal division among all the sons and daughters.
Hence for avoidable future litigation and wrangles among the siblings settle the dispute amicably by making a deed of partition.
Else the daughters may file a suit for partition.
No sisters dont have rights in the same
The property is self acquired which through intestacy, if not disposed of during life time, shall pass on to the legal heirs of your elder brother.
If land is given to the elder brother and allocated on his name the daughter has no right over it neither the brother has any right the elder brother is absolute owner.
If the GPA was given and based on GPA the person made sale deed it is legally valid though if the person failed to make payment to owner then cancellation suit can be filed.
Daughter have share in father`s land and not in the land directly given to elder brother. Have to file partition suit, she have 1/5th share.
No automatic expiration of ATS but depend of condition of agreement. IF time is the essence of contract than it may have expired and GPA is allotted on the basis on agreement than GPA also revoked on expiry of ATS.
Sale is illegal and criminal offense.
Yes they do have certain rights in the property
Share the relevant set of documents so that we may give a concrete advise that whether you may file an appeal or not.
Regards
Even if it was an inma land, if the property ws allotted to the father, upon his intestate death the property shall devolve equally on all his legal heirs.
The partition done through court between two sons alone without the daughters giving any consent or NOC or release deed is not valid, the daughter are entitled to an equal share at par with the sons of the deceased father.
In case of the deceased daughter, her own legal heirs are entitled to claim her share in the property.
You have given the registered GPA to the power agent to perform certain transactions on your behalf, hence the act of the GPA to execute a registered sale deed in favor of the prospective buyer (himself) is valid in law, your appeal may not be maintainable.
Dear sir
If father died in 1968 then daughters cannot claim any rights in the property of father.
The partition will be done among brothers.
Hello sir ... Inam land is granted on my name and my father died in 1968 and Inam land was granted on my name in 1977 . In this case as it is not an ancestral property And as land is granted on my name can my sisters claim Share in that . I need to know whether they can claim or not if they can claim will they get a equal share or notional partition .
You have been granted occupancy rights for benefit of joint family
your sisters can claim share in the property
No they will not have any share
your sister has no right in property, file a suit of permanent injunction against the sister directing her to not to interfere in your peaceful possession of the property.
No in your name the sisters have no share.
Since the property was allotted to your name by the government it shall be your own and absolute property and any rights over this can be claimed by your own legal heirs that too after your lifetime only.
Therefore your sisters do not have any rights over this property, no such claim shall be maintainable even if they file any suit claiming their share.