• How to get legal title to property

1. My father purchased a plot of land in 1993 which was alloted to Mr.Yadav by Ghaziabad Development Authority. 
2. My father purchased this land in following manner :
       a) Through conveyance deed (bainama) with Rs.5000 as advance payment and balance at the time of making sale deed.
       b) A sale deed was made in the name of my mother as the general power of attorney holder of Mr.Yadav with all the rights to deal with the land. This sale deed was between GDA and my mother.
3. My mother paid the stamp duty, registration fee and free hold fee to GDA and the sale deed was registered with sub-registrar. 
4. My father built a house on the plot in 1996 and our family started living. In 2004 my mother died and later my father also died in 2010.
5. Today I am living in the same house and occupying the land. 
6. I have been paying property tax, water tax every year to GDA.  
7. After my parents death, I went to GDA for mutation of the land (property) in my name but the authority refused and said I have no right over the land and Can't be mutated. I want to know how I can become owner of this plot or sell this land (property).
Asked 1 year ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) you have not mentioned whether you are the only legal heir or you have any siblings 

2) your mother was absolute owner of the said land as sale deed was regd in her favour 

3) on your mother demise you and your siblings would be the legal heirs 

4) since your mother died intestate ie without a will obtain letters of administration from court for said property 

5) then make application for mutation of land in your name enclose death certificate and LA obtained from court 

6)?contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1) in para 3 of your query you had stated as under 

My mother paid the stamp duty, registration fee and free hold fee to GDA and the sale deed was registered with sub-registrar  in favour of  mother 

2) it is on said basis i had stated that your mother was absolute owner of said property 

3) it is necessary to peruse the papers as there is lot of confusion in what you have stated  and what GDA is saying 

4) if your mother was mere POA holder then on her demise power of attorney ceases 

5) if Mr yadav is owner you need to approach him for obtaining clear title to the property 

6) mr yadav can execute sale deed in favour of you and your siblings 

7) letters of administration is obtained from court in case a person dies intestate in respect of his immovable properties 

8) in your case if mother was mere POA holder then you dont become owner of property on her demise 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
Your facts are very confusing. When the plot was purchased by your father then how was it allotted to Mr.Yadav? How did the title pass to your father? If your mother was the POA holder of the seller then how could the sale deed be executed in her favour?  There cannot be a sale deed and POA in favour of the same person as these two documents create two different charters of rights which cannot vest in the same person.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
If your query is devoid of actual facts or backgrounds details you will certainly get a misguiding opinion only.  
In your first question you said that "" This sale deed was between GDA and my mother.
3. My mother paid the stamp duty, registration fee and free hold fee to GDA and the sale deed was registered with sub-registrar. ""
This implies that your mother was the absolute owner of the property hence after her demise, the property will automatically devolve on all her legal heirs.

Whereas In your subsequent question you say that ""Till now GDA authorities are saying since your mother wan as power of attorney holder, after her demise, the sale deed has no value. Her powers can't be passed on to legal heirs. The actual owner is Mr.Yadav and land belongs to him. What you are saying is completely different, that my mother was absolute owner. ""
Now you decide that which one of the above questions is correct.
If your mother was only a GPA holder  of Yadav, upon her death the GPA deed becomes infructuous.
Do  you have the copy of the registered sale deed  on your mother's name, if so, you can apply to the revenue authorities to transfer or mutate the properties on the name ofthe legal heirs of the deceased owner, if they refuse, ask them to give it in writing after which you can decide the further course of legal action as envisaged in the law for the purpose. 
T Kalaiselvan
Advocate, Vellore
14103 Answers
127 Consultations
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Hi, When the sale deed is made in your mother name then your mother become the absolute owner of the property so after her demise  her legal heirs are the owner of the property.

2. Ask the GDA in writing to mutate the name in your favour along with NOC form your brother if they refused to mutate the name in your favour then you can file a Writ petition before the Hon'ble High Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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