My cousin grandfather had an unregistered GPA from our great grandfather on his name and he also has an Agreement of Sale of the same property of the same day from great grandfather. As This property is our ancestor property, Is GPA possible for Ancestor property wherein great grandfather has not given any portion to his two other sons? Also Can our cousin grandfather furthered made a unregistered GPA on his son name for further execution of sale deed?
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GPA ceases on great grand father death
2) cousin grandfather cannot make further GPA in favour of his son unless there is clause in GPA to that effect
3)
4) Since the property is ancestral, the son has a right of share in it irrespective of any GPA by the great grandfather as the power of attorney can only be to the extent or for his share.
What if the property house tax is on my real grandfather name. Can we challenge GPAs and Sell deed if the house tax is still coming to my real grandfather from last 40 years. If the house tax is on my grand father name, is he claim the ownership of the property and challenge legally?
1. If it were to be ancestral property, all the legal heirs/coparceners shall have share in the property and one person cannot stall it by virtue of unregistered GPA.
2. As per your narration, great grandfather has not given any portion of the ancestral property to his two other sons. Moreover your cousin's grandfather has made a unregistered GPA on his son's name for executing sale deed. Send a legal notice for the irregularities and to protect your rights over the property.
- Since, this is an ancestral property , then your cousin grandfather was not having right to transfer the property without taking consent of all the legal heirs.
- Hence, that GPA & agreement to sale is invalid , and the property has not been transferred to anyone.
- Further, your cousin grandfather also has no right to execute sale deed without the partition of the ancestral property.
- As per law, the house tax is not a property ownership mere it is a tax paid to the government.
Entry in revenue records do not confer title to property
2) it is only for payment of property taxes
3) he cannot claim ownership of property only on basis of payment of property taxes
1. Property tax receipt is only a secondary document and does not vouch for the title ownership.
2. Nothing prevents you from challenging the GPAs and Sale Deed even if the tax receipt since 40 years is in your grandfather's name.
3. Just based on his name appearing in the tax paid receipt one can't stake claim legally for the ownership of the property.
Dear Client,
1. It is unusual to issue a General Power of Attorney (GPA) for an ancestral estate without the consent of all legal heirs. Ancestral property generally passes equally to descendants unless a legal document, such as a will, specifies otherwise. If the great-grandfather did not distribute the property to all of his sons, questions may arise about the validity of the GPA.
2. Later, if the cousin’s grandfather submitted an undocumented GPA to his child, the legal situation could be more complicated. To avoid disputes in any ancestral property transaction, ensure that property transactions are transparent and include all legal heirs.
3. The fact that household taxes were still paid in your grandfather’s real name despite your GPA and sales contract can be used as evidence to challenge the authenticity of these documents. Home tax records can be critical to proving ownership of the property and supporting your legal claims to the property.
4. Your real ancestor may legally have the right to claim ownership of the property if the house tax is registered in his name and he can prove his connection to the property for the past 40 years. He can challenge the GPA and the sale deed based on the property’s recorded ownership.
In summary, a GPA deed of sale of ancestral property is unacceptable to all legal heirs and can be challenged based on differences in household tax records and your ancestor’s personal property rights. You should consult with a legal professional to explore your options.
The unregistered GPA is not maintainable and valid in law.
The power agent agent cannot execute a registered sale deed or any kind of transaction towards immovable property on the basis of unregistered GPA deed.
The unregistered sale agreement is also not valid.
Hence any transaction that took place on the basis of unregistered GPA document is not valid
The property revenue records alone cannot decide the title of the property.
On whose name is the registered title document now.
If on your grandfather's name then the power agent or buyer cannot claim title merely because it was sold by a power agent.
1. Can Great Grandfather make Agreement of sale and GPA of same Ancestor property on same day without NOC from Othe sons in 1990? 2. Same property is mentioned as a Ancestor property in Great grandfather registered WILL in 1991. If the property sold by greatgrandfather to cousin grand father in 1990 how it was not mentioned in registered WILL in 1991? Can we make this a basis of forgery of the documents?
1) un registered agreement for sale does not confer title to property
2) ancestral property can be sold by Karra for benefit of joint family or legal necessity
1. No
- But after getting his share from the ancestral property , he can transfer his share in the property in the name of anyone without getting the consent of other legal heirs.
2. Yes,
1. When you say his share, it means 4th share ps said property as he has 3 sons. So my great grandfather share will be 4th out of that property. 2. Noted. One more query: If my great grandfather has a registered WILL in 1991 (as mentioned above) and in that he has declared one property as self acquired property and 3 property as Ancestor property (including above), can we challenge this registered WILL for all the properties (Ancestor Property+ Self Acquired property). Our basis of challenge will be as our grandfather has not got his part in any property and all the property are occupied by others. Can we challenge Self Acquired property as well as we know there is no basis for that and it was also our ancestor property. However our cousin grandfather has misused that time circumstance (1991) to frame this WILL. We came to know about this WILL recently.
If it’s ancestral a registered gpa from all legal heirs is
rewui else it’s of no use
You are at liberty to claim share in property
2) take the plea that great grand father property was not self acquired as alleged and he could not have executed will
Dear Client,
It is worthwhile to submit a lawsuit against the registered will of your great-grandfather, both for the properties that he declared as self-acquired and for the properties that he declared as ancestral according to the Hindu ancestral properties act. The basis for your appeal will be that your grandfather failed to divide the properties that rightfully belonged to him, and you think the property stated and described as self-acquired is ancestral in nature.
In the case of the ancestral properties, you may claim that the will is unlawful, particularly the distribution of the properties of the deceased, and that your grandfather rightfully deserves a portion of the share in the property.
To prove its status as ancestral property, which you believe it to be in this case, you need to bring evidence to court to show that it was wrongly declared self-acquired property in that will and that the testator had an interest in it. This means that inherited property can be challenged only if the claim is made that the property was not, in fact, ancestral as per the will.
As with most legal disputes, both parties should produce documents and other relevant evidence that the accuser is telling the truth. To have a strong case on your side, hire a lawyer that focuses on the laws governing inheritances and properties. They will help you with the legal procedure and ensure the possibility of a challenge is high.
1. If it is ancestral property then he cannot do so which will be considered as deprivation of rights of coparcaners.
2. The documents are to be perused for rendering proper opinion
If it was an ancestral property then your grandfather and his siblings will be entitled to their rightful share in the property.
2. Your great grandfather cannot bequeath ancestral property as per his decision.
Therefore the Will would be valid to the extent of his self acquired property alone
- Yes, it is 4th share
- Your great grandfather cannot declared any property as self acquired if it was an ancestral property.
- However, if he got share in the ancestral property , then his share will be termed as self acquired property, and by this way he was having right to transfer his share by way of gift deed etc.