Dear Sir, My grandmother has a property of 30x40 site in Bangalore, given by the government free site on the occasion of republic day on 1975 granted for her, she is having a two daughters but knowing or unknowing her second daughter has created a two GPA stating one GPA 356 SQFT for 1st daughter name and 2nd one for herself GPA 576 SQFT and god grace both GPA transactions made without registered but it's been notarized on 1997, 2nd daughter made a GPA based sale deed on the same document they created a sale deed to his son which was not registered but on they made it sales deed registered with sub-registration office on 2011, has of know my grandmother was not aware that her 2nd daughter cheated my grandmother don't want to give a piece of land and want to give her 1st daughter completely because she care unconditional love with her ups and downs , profit and loss since from the beginning she has taken care of her mother more than 45 years. My question when I so the grant paper it shows clearly stating that “not to make any sale transaction before 25 years, of the issue date and year which 27th January 1975” How to go with legal battle, Whether she can claim back complete property ,How would be the process, How long it takes time frame has my grandmother she 85 years, Is there any legal process for fast track on senior citizen or directly approaching to high court or any other way please let me know thank you.
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1.During 1997 notarised GPA was valid and on this proeprty was possible to be transferred.
2.Howeevr since there was a restraint clause on transfer within 25 of years of the grant , the sale deed is null and void.
3.Now your grand mother is she is alive cna very well file a suit for declaration of those GPA and sale deed invalid as those were made keeping her under dark and was executed within 25 of the grant.
3.if she is not alive you can file such suit and seek your due share.
1) your grand mother being senior citizen has to file suit to set aside POA/ sale deed of 2011 . since grand mother is senior citzen suit would be expedited
2) kindly clarify whether grand mother had executed POA in favour of 2 daughters or not?
3) if she has executed POA in favour of her 2 daughters any sale deed executed by younger daughter in 2011 would be binding upon her
4) if grand mother signature has been forged then grand mother has to file police complaint of forgery , fabrication of documents against her daughters
5) contact a local lawyer
Thank you for your valuable information, My grandmother she is still alive, she was forceable to do it but literally she is illitrate and she had fabricate to it. My grandmother can file a suit or i can file suit behalf of my grandmother which would be best way to process. What suite would be adviced..? and How the court expense will be calculated to file a suit. How long would time frame for the result and thank you.
1) your grand mother has to file suit to set aside sale deed executed by daughter in favour of her son
2)your grand mother has to issue notice tp daughters to revoke POA
3) mention that POA was executed under coercion . she was not aware of document on which thumb impression was taken as she is illterate
4) issue public notice of revocation of POA
5) suit would take 15 years to be disposed of
6) your grand mother cans eek expedited hearing as she is senior citizen
7) court fees depend upon value of property
8) legal fees vary depending upon lawyer engaged by your grand mother
There is a fast track court to take care of such cases involving senior citizens in every city.
Your grandmother can first issue a legal notice cancelling the GPA reportedly issued by her to the agents.
She can give a publication in local leading newspaper that the GPA is cancelled and any transaction that may take place subsequently is not valid.
She can file a suit to cancel the said fraudulent sale deed on the basis of the conditions while government ranted the land and also that it was done without her knowledge or consent hence it is not valid and not binding on her.
Consult a local advocate on all such issues and discuss the case in detail before filing any suit.
My grandmother she is still alive, she was forceable to do it but literally she is illitrate and she had fabricate to it. My grandmother can file a suit or i can file suit behalf of my grandmother which would be best way to process. What suite would be adviced..? and How the court expense will be calculated to file a suit. How long would time frame for the result and thank you.
Your grandmother can file a suit seeking cancellation of the registered sale deed made on the basis of unregistered GPA
She can claim the GPA itself invalid for the reasons that it was obtained by force or coercion.
The lawyer's fee, court fee and time taken cannot be predicted since they are local subjects which the advocate who you may approach will be able to give you a correct picture.