• My mom has made a GPA and gift deed is done to my brother

Hi all,
We my mom, 3 sisters and 1 brother was alloted with a BDA property, and in 2013 we all gifted property to my brother... But the documents which was done at that time was not correct... Like schedule of the property was not correct cos of which my brother was not getting any loan... Now as they want to correct the schedule details... Again we all need to sign to make it correct... But now as I am in need of money I have not signed and my mother has done a GPA without my notice and signed on behalf of me... And registered property... 

My question is how my mom can do a GPA without my notice
Asked 6 years ago in Property Law
Religion: Hindu

6 answers received in 30 minutes.

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14 Answers

If you had executed GPA in mother favour she could have on basis of GPA executed deed of rectification on your behalf 

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

Your GPA without you sign is not valid and it is illegal you mother has commited offence of fraud, cheating and forgery you can file a complaint before police and can file.a suit.for cancellation of said document.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It appears that the flat was co-owned by all of you in undivided 1/4th share.

2. Of that is so then your mother can transfer her undivided share to any of you or give GPA to any of her children to manage her sahre in the property.

3. To do this she does not require permission from any of you not she is required to give notice of it.

Devajyoti Barman
Advocate, Kolkata
23661 Answers
538 Consultations

1.  IF you have earlier signed the "registered" Documents Gifting the Property to your brother, THEN today your GPA or whatever is legally not required, DESPITE the errors in the property documents, which can be rectified, by following due procedure of law.

2.  Mere superficial defects in the property documents will not render it null & void, for any futuristic purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

File a complaint against mother and suit for.cancellation of the document executed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) your mother has forged your signature 

 

2) you have to file police complaint against your mother for fabrication of documents, forgery etc 

 

3) take proceedings to set aside deed of rectification executed by mother on your behalf 

Ajay Sethi
Advocate, Mumbai
100004 Answers
8163 Consultations

She can't do such gpa. It's a fraud. How it got registered. You can file a suit for cancellation of the same on basis of fraud. You can also file FIR for cheating and forgery

Prashant Nayak
Advocate, Mumbai
34680 Answers
249 Consultations

Your mother cannot make GPA without your signatures.

Either they have done your forged signatures or they have registered the property with forged documents.

You need file. Civil suit to set aside of registration on ground of fraud signatures and documents.

Also need to lodge FIR against your family members for making forged documents by you forged signature.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

It is a criminal act ventured by your brother through your brother. You can make a big issue.

Kishan Dutt Kalaskar
Advocate, Bangalore
6248 Answers
501 Consultations

Hi

In response to your confirmation, If you did not execute the alleged GPA in favour of your mother.

You have right to challenge the same and go for cancellation under misrepresentation, forgery and / or fraud played by your mother.

Immediately issue notice to withdraw and cancel the same, failing which you can initiate proceedings both civil and criminal. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

GPA is forged and illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

without your consent your mother cannot execute behalf of you it is offence. 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

If you have not signed the GPA then yo can very well issue a legal notice to your mother asking her explanation for this impersonation and an act of forgery.

Subsequently you can also cancel the illegally obtained GPA and also file a suit for cancellation of the subsequent registered deed.

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

You are right, you can first issue a notice seeking explanation for this from your mother and then take steps to proceed further as suggested in previous post

T Kalaiselvan
Advocate, Vellore
90202 Answers
2506 Consultations

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