Is the GPA registered ?
2) since it is coupled with consideration it does not cease on death of principal
3) if GPA is registered mother can execute gift deed in your favour
4) it should be duly stamped and registered
Ownership transfer: GPA and sale agreement executed, property in dispute with third party in court
Hi All, 1. My mother brought a property in Bangalore under GPA cum Sale Agreement in 1990 from a buyer. (Seller/Owner made a layout and sold to multiple parties, few parties sale deed was executed and for some it was just GPA cum Sale agreement) 2. Within 7 years of ownership we had the property under litigation from a Government-run entity citing ownership grant to them by the government through the allotment route sometime in 1980s. 3. My Mom did run around the local court and we were successful in getting a favorable outcome after 15 years but the entity has gone to the high court and it seems to be running for last 5+ years without any clear outcome till date. 4. Original owner who did the GPA cum sale agreement passed away sometime in 2000's. 4. Over the last few months, son's of the party who sold the property to my mom been trying to instigate fights citing property was not registered by their father and it was forged. (Never supported or took responsibility when we been fighting a case for almost 20 years but seeing favorable outcomes in court he seems to take advantage of this) 5. My Mom is already around 70 and is having trouble going around court hearings and do follow -ups with the lawyer around the case, plus she worried about the original owner's son who is threatening around ownership. In the above case, is their a way we can still transfer the property from her to me and I continue the legal battle and also what would be the best approach to deal with the person & its threats described in Item 4 above.
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
@Mr. Ajay Sethi.. Thanks for the quick reply. To clarify further, she has the stamp paper executed with just the notary and lawyers' attestation. It's not registered in any subregister office. In view of these details, is Gift Deed still an option we can execute from my mother or would you recommend something else.
Asked 3 years ago
if unregistered still it will have legal right for specific performance law.For any assistance contact me in kaanoon on 9 a 7 g 6 g 9 g 4 e 9 g 0 f 9 f 1 a 1. Consultation applicable.
1. Let your mother execute a registered POA in your favour, to take care of the property in toto, including resolving the problems by appointing Lawyers, etc. In case, for whatever reason if you can't be your mother's Attorney, let your mother appoint anyone of your siblings.
2. To deal with the threats, since the matter is under subjudice, you can lodge a Police Complaint asking them to intervene in the matter and resolve the issue.
Q. Is their a way we can still transfer the property from her to me and I continue the legal battle ?
A. Yes. Your mother can execute a Release deed in your favor and as you are the only successor after her you can manage the property. Even a Power of attorney is required to be executed in your favor giving you power to deal with the litigation and deal with the transfer related issues of the property.
Q. what would be the best approach to deal with the person & its threats described in Item 4 above.
A. File a Private criminal complaint narrating all the incidents including threatening and criminal infliction that you or your mother faced. Also in the pending Civil Litigation before the High Court place a Civil Application for Stay alleging all the threatening acts they have done to you or your mother and mention that it is necessary for you to be protected by a restraining order passed against the legal heirs of the deceased vendor of the property.
Basically your mother is not the legal owner of the property.
She is just a GPA Holder and buyer with a sale agreement on her name.
Since the principal died, the GPA deed stands automatically cancelled.
Now she can give legal notice to the heirs of seller to execute the registered sale deed on the basis of receipt of entire sale consideration amount by their deceased father.
If they refuse then you may file a suit for specific performance of contract seeking court direction to them to execute a registered sale deed in your mother's favor.
Since your mother is not the title holder nor an absolute owner with clear and marketable title on her name to the property, you cannot get the property transferred to your name by any means.
The appeal before high court is a different subject to that of the subject discussed above.
No registered POA is must
not raised POA would not suffice
your mother has to file suit to direct legal heirs to execute registered sale Deed in her favour
Don't be misguided with incorrect advises/suggestions.
She's not the legal owner of the property hence she cannot transfer this property to you in any manner until her title to the property is declared legally valid.
- As per the Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana held , that sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.
- Further , transactions of the nature of GPA sales or SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property.
- Hence, the said document in favour of your mother having no legal value , if you are not in possession of that property .
- If your mother is in the use and occupation of the said property , then can claim ownership under the Transfer of Property Act.
- Further , if not in possession of the property , then can claim refund of paid amount by your mother from the seller .
- Since, your mother is an old lady , then she can give you POA for fighting the case on her behalf.
Seller or seller Legal heirs must execute registered sale deed in favour of your mother.
Yes your mother can transfer the property if their is no stay on further alienation of property from High court or you can make application for allowing transfer of property to your name through gift deed.
