Property bought under GPA
Hi. I had bought site from Mr B through GPA in 1988, who had bought this land from Mr A through GPA in 1984. Due to some financial constraints, i couldn't register the land immediately. In 2004, I got the site registered from Mr B. Now, am being threatened from Mr A1 ('A' child) on the property title, as he claims it has his property by inheritance. Mr B already deceased in 2005 and there are no whereabouts of Mr A (as i cannot approach Mr A1). Not sure whether Mr A still alive or not. One of my neighbour advised, if Mr A was alive at the time of registration, then it wouldn't be any issue. I am confused here, as I have got the registration done directly from Mr B, is Mr A presence is still required? Kindly need your inputs.
Asked in Property Law from bangalore, Karnataka
If in case, Mr A is deceased, what are the possibilities to prove the land purchase is valid. And should there be any documents which i need to get from Mr B family. Kindly advise.
Asked 1 year ago
Consider the threat of A1 to be an empty as it would be very difficult to claim back this property even if the same is found to be A's ancestral property.
A1 would first require to set aside the sale of B and then you. So this is herculean task. So make sure to keep physical possession over the property or make constructions thereon asap.
1) when did A die ? On his death POA ceases unless it is coupled with consideration
2) if A had executed GPA in favour of B and on said basis sale deed was executed by B in your favour your title would be clear and marketable
3) don't bow down to threats let A 1 move court if he so desires
Contact a local lawyer . It is necessary to peruse documents cited by you to advice further .
Dear Sir/Madam, if you have valid GPA and thereafter registered a absolute sale deed from B directly is valid and thereafter entered the name of yours in revenue records should establish your title, you don't worry .... not necessary A is alive or not, you are safe. A's son A1 is not having rights over the said property, he lost his rights... because of A is sold the property to B in the year 1984, B turns you in the year 1984 and it was registered in the 2004 and you are possession from the date of purchase the said property. From the date of registration of the sale deed, that sale deed can be challenge with in the 12 years from the date of registration of sale deed/documents. In your case registered in the year 2004, but you are in possession since from 1988... A1 can not succeed, you have adverse perfect title in this regard... if you want my legal advice I will do it.
Hi, first the entire transaction is not valid, because A being the power of attorney holder he can't delegate the power to GPA, so the title is not passed properly.
B is a PA Holder of A, who is the original owner of the plot. Therefore if you have purchased the plot from B then at that time Mr A should have been alive otherwise the GPA on which B is acting under is null and void. Therefore if A1 is claiming to the contrary he is right.
If A who had executed the GPA in favour of B in1984 had gone ahead and cancelled, then B could not be the PA Holder for A at the time of registration in your favour in 2004. You should have verified this aspect through an advocate and then proceeded to buy this site.
Now that you have registered the site if you are in physical possession of this site, then A1 will probably file a suit seeking a declaration that the GPA and subsequent Sale Deed executed in your favour be declared as null and void and not binding on him.
Best way to avoid this suit is to pay additional amount to A1 and get a confirmation deed registered in your name.
A1 has to prove inheritance in his favour if he files the lawsuit to challenge the sale made in your favour. Unless he is able to impeach the GPA made by his father he cannot succeed in the court. After the sale by Mr.A the buyer did not require his signature on the sale deed which he executed in your favour. Inheritance would open only if there was a will made by A in his favour.
Unless the property was ancestral or it can be proved that GPA was not validly executed by A the sale in your favour cannot be set aside as illegal.
1. You have purchased the plot from B through GPA,
2. B was alive when the flat was registered in your favour,
3. So, the POA executed by B through which you registered the flat in your name was valid,
4. You are the bonafide owner of the said property and there is no need for appearance or presence of A for proving your ownership in any way.
1. A's death in no way affect your ownership of the flat since you have purchased it from B and not A,
2. Make sure you collect all the original link deeds from B along with POA executed by A.
You have stated that the the execution of sale deed in your favor was duly registered by B before his death, therefore the title of the property in your name is confirmed.
Though the B himself was a GPA, since the registration of the property has taken place in the year 2004, there is nothing to worry about this at this stage because any cancellation s to be done within three years from the date of its registration.
If at all A1 has any claim ask him to proceed through court with his claim which can be properly challenged because as you said A himself was a GPA so the ownership claim by the GPA or his heirs is not maintainable in law. So dont worry about A1's claim about the property.
If you have the link documents in your possession, that will be sufficient to support your title besides the registered sale deed document executed by B in your favor.