• Can a person execute GPA on whole property?

1. Can a person execute GPA (registered) on whole property which is partially sold by another legal heir?
2. Which are pre-requisite documents which executor need to be produce before registrar to register GPA document?

I purchased a revenue site in north Bangalore which recently came under BBMP (corporation), Actually the site/layout was formed by a person (agriculture land owner (son) who has 2 sisters) in year 2003-04 and land owner took position of his father's property after father's demise in 1983-84 after corresponding amendments in RTC thru MR. But now, sister's family is claiming their share and reaching out to us (site owners) for money and threatening us about court case.

Should we go for settlement with the sister's family? or put case against the son/land owner (who is still alive)?

FYI: Land owner (son) still has some property in his name. Might be less when compared to 3/4 of the property (share of 2 sisters).

Now sister's family has executed GPA and nominated one of the son in law to deal the issue.

Please help me by guiding on way forward.

-Franklin
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Christian
1) on demise of father son had 1/ 3rd share in property 

2)each sister also had 1/ 3rd share in property 

3) son could not transfer property in his name without sister consent 

4) at time of execution sale deed did you not do due diligence 

5)any lawyer would have advised you to check whether gift / relinquishment deed executed by sisters or not 

6) sale deed executed must be containing ndemnity clause whrerein seller indenifies you against claims made if any 

7) in the event sisters claim their share and file suit they can recover share from property in seller possession 

8) sisters would also have to explain what they were doing for period of 11 years and why they did not take any proceedings to set aside sale 

9) don't settle with sisters . Let them move court to claim their share in property 

10 ) you are a bonafide purchaser of value and have paid full consideration to seller 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
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The property that belonged to his father shall devolve equally among all the legal heirs of the deceased if the deceased died intestate.
Under the above circumstances, the sisters of land owners have equal rights in their father's property though the land owner has transferred all the records in his name by bribing the concerned authorities.  
The land owner can sell only his undivided portion of share in the property and he cannot sell the entire property, therefore the sale deed insofar as his sisters' share is concerned, is illegal and invalid in law, deserving to be declared as null and void.
The sisters' subsequently cannot execute a GPA in favor of anyone for the entire property, they can restrict their claim upto their share alone. 
If the situation appears for a peaceful settlement, negotiate the issues and go for a compromise or file a suit for declaration and injunction owing to the threats and pressure by some third persons after which they will come out with their claim upon which you can ask for refund of your money with interest.  
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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Property was sold out in year 2003-04, at that time daughters have no right in ancestral property. Daughters got this right after september 2005.

You should not afraid from any court case if you purchased this site before September 2005.

It is general rule that if property is legally alienated then buyer get absolute ownership, any invasion on his ownership is always protected by the court by temporary or permanent injunction.

You should file suit for temporary/permanent injunction and prevent those ladies to interfere in your title & ownership.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
1. Here the sale of the property by the person which was co-owned by his sisters, is illegal,

2. The sisters can execute GPA for the properties co-owned by them despite ha fact that a part of it has been illegally sold by their brother,

3.In your own interest, you should settle the dispute with the other co-owners and get valid ownership of the property purchased by you,
4. After that you can file a criminal comlaint against the brotyer for cheating uou and also can fil a recovery/damage suit against him.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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1. The property is co-owned by the sisters also,

2. So, the sale of the part of the property by one co-owner without the consent of other co-ownes is illegal,

3. Settle the matter amicably with the co-owners amicably and act as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
In 2005 an amendment had taken place in Hindu succession Act and included daughter in coparcener in ancestral property as same as son.  

daughter has same right and liability as a son. daughter has right to claim her share in partition of ancestral property  made after sep 2005. 

but before said date daughter has no right to claim in partition of ancestral property. 

in your case, daughters have no right to claim their share in ancestral property.  
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
The judgement what you refer is applicable according to Hindu succession Act under Hindu law.  This may not be applicable to you being a Christian.   For your subsequent query too, my previous answer gives a reply that, being a sister and daughter of your deceased father you entitled to a share in the intestate property left behind by him.  
You have got options to file a partition suit even now and to declare the previous sale deed of the property insofar as your share is concerned as Null and void and can seek separate possession of your share in it even if it is sold to some third parties by impleading the third parties also as defendants in the suit.  
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) it is not ancestral property in your case 

2) from facts mentioned by you it appears that it was self acquired property of father 

3) on his demise each legal heir would have 1/3rd share in property .

4) brother cannot sell the said property without sisters consent 

5)bombay high court has held that the Hindu Succession Act 1956 when it came into force applied to all Hindus in the country irrespective of their date of birth. The date of birth was not a criterion for application of the Principal Act. The only requirement is that when the Act is being sought to be applied, the person concerned must be in existence/ living,” the court said in its order.

5)after amendment act of 2005 women have right in ancestral property.  even those daughters who were born before September 2005 will have equal rights.
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. If he has an identifiable share in the property which is partially unsold he is at liberty to execute a GPA in respect of it. The sale of a portion of the property by a co-owner does not impair the rights of the other co-owners to dispose their share in the property.  

2. No document other than the GPA itself is required to be produced before the registrar at the time of registration.

3. If the father died without making a will all his children have an equal share in his property. The sisters can go to court to cull out their share, in which event you may be uprooted from the property. 

4. The GPA in favour of the son-in-law can be validly executed. 
Ashish Davessar
Advocate, Jaipur
18265 Answers
450 Consultations
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1. If the father died without a will the son could not have disposed the property in the absence of  a deed of relinquishment executed by his sisters in his favour. As a corollary thereto, the sisters can successfully lay a claim in a court of law to cull out their share. A settlement with them will prevent litigation.

2. Due diligence is to carried out by the buyer and not the court. Your failure to exercise due diligence does not impair the rights of the sisters.
Ashish Davessar
Advocate, Jaipur
18265 Answers
450 Consultations
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1.  The right of daughters on ancestral/parental  property has been clearly mentioned as per  amendment to Section 6 of the Hindu Succession Act in September 2005,

2. You certainly have a point that you had purchased the said property before tyhe disparity of right of daughters was  amended in September,2005,

3. You can contest the case, if filed by the daughters, on this ground,

4. The best courcse of action on your part will be to file an application to make the brother also party to the case and let him defend his position,

5. You can pray before the Court to direct the brother to pay the share of the consideration to the sisters alleging that the case filed by tye sisters ais a got up case in collusion with the seller i.e. the brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0

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