The fact of the case are as follows: 1). This matter pertains to my property located in Ghaziabad (UP). 2). In 1993-94 my father was looking for a plot of land in Ghaziabad and happen to meet Mr.Yadav who was allotted a plot by GDA (Ghaziabad Development Authority). Please note that plot was allotted to him and he was not owner of the plot. 3). My father paid Rs. 5000 as advance payment and a conveyance deed (bainama) was made and signed by Mr.Yadav and My father. In the conveyance deed Mr.Yadav stated to have received Rs. 50000 and another Rs.70000 from my father and agrees to sell this plot to Mr.father. The conveyance deed was registered in the office of Sub-registrar. The conveyance deed also says that Mr.Yadav and his hairs will cease to have any right of this plot after selling the plot to my father. 4). As the plot was not owned by Mr.Yadav, he suggested to make my mother as a general power of attorney to act on his behalf. The general power of attorney gave all the powers to my mother to manage the land including sale of plot in future. Subsequently a sale deed was also registered at the office of sub-registrar, GDA between my mother (as PoA holder of Mr. Yadav) and GDA ( and not Mr.Yadav). The stamp duty, registration charges and free hold fee was paid by my mother to GDA. My mother purchased the land from GDA as power of attorney holder of Mr.Yadav. 5). Mr. Yadav gave possession of this plot and my father built a house on the plot in 1996 and our family started living. I and my brother are still living and occupying this house with our families. 6). In 2004 my mother died and later my father also died in 2010. My mother left a will in the name of my father and my father left a registered will in my and my brother’s name to inherit the moveable and immovable property equally. 7). We are living in the same house and paying property tax, water tax every year to GDA. There is no dispute between us. For the last 20 years we are living in this house build by my father. I want to know how we can become owner of this property or sell this property.
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1) owner of plot is Mr Yadav
2) your mother was mere POA of Mr yadav for execution of sale deed.. on your mother demise POA comes to an end
3) Mr Yadav could not have executed sale deed in your father favour as he was not the owner of plot
4) contact Mr Yadav and request him to execute sale deed in your favour and of your brother
Mr.Yadav and Mrs Yadav are dead. Children are not interested in executing sale seed in our favour. Is there a way, we can sell this plot.
1) if Mr Yadav is dead his children have to execute sale deed in your favour
2) you have to offer them some incentive for doing so
3) you cannot sell the plot as you dont have clear and marketable title to property
4) in the vent legal heirs of Mr yadav seek to evict you then you can claim adverse possession as defence
Since this property was allotted to Mr. Yadav and subsequently the sale consideration amount was paid on behalf of Yadav to GDA, Yadav became the absolute owner of the freehold property.
Since your mother, who was just a GPA to the principal, namely Mr. Yadav, upon her death, the GPA deed stands automatically revoked or infructuous, thereby the property reverts to Yadav and he becomes the absolute owner of the property to sell or transact with the same without the GPA's aid.
However since the property is in your possession and enjoyment, it is better to request Yadav to execute a registered sale deed in your favor since you and your siblings are the legal heirs of your parents.
The will bequeathing the property in your favor made by your parents in respect of this property is not valid in the eyes of law since they do not have marketable title to the property.
Mr.Yadav and Mrs Yadav are dead. Children are not interested in executing sale seed in our favour. Is there a way, we can sell this plot.
If Yadav is no more, then his heirs are the proper persons to execute the sale deed in your favor.
Legally you cannot sell the property since the property is not in your name nor in the name of your parents.
Alternately you can issue a legal notice to the legal heirs of the Yadav demanding them to execute a sale deed on your names, failing which you can file a declaratory suit seeking to declare your title on the basis of the evidences of the property coming into your possession and also for perfecting the title by adverse possession.
You can discuss on this line with your advocate.
The title passed to your mother when the GPA was executed in her favour and the property was made freehold unless theree was a clause in the deed that prevented the title ftom passing to your mother. If the title of your mother is clear then the title of your father who executed the will is also clear, as a corollary thereto you can sell the property.
