One of my friends' father purchased property GPA/SA/Will in 1988. All three documents are registered. Now my question is my friend's father expired recently (June 2013). First registry has been done by my friend's father. When my friend contacted the original allotted to come and sign the Sales deed, he is demanding huge amount which is out of his reach. He gives threat on phone. What should he do please advice with best possible ways to tackle such greedy persons.
Asked in Civil Law from Meerut, Uttar Pradesh
if your father had purchased property through registered power of attorney and sale deed is regsitered then he is absolute owner of said property . . if however sale deed is not registered it cannot be done now as registration has to be done within maximum period of 8 months . inorder to have clear and marketable title to property enter into settlement with seller so that fresh sale deed can be executed in favour of your friend . contact a local lawyer
If the registry was already done then the sale deed does not need to be signed by the seller again. The father of your friend became the absolute owner of this property if the property was purchased through the power of attorney in accordance with the law during his life time. Why is your friend even insisting that the original seller should come forward to sign the sale deed? It is recommended that your friend meet a local lawyer and get the power of attorney vetted by him to know clearly his rights in the property.
Since the property was purchased on GPA/SA/Will which was duly registered and the Original owner refuses to perform his part for registration of the sale deed, you should issue notice for specific performance of the Agreement to sell. On failure then file a suit for specific performance on the original owner.
Feel free to contact on 9873109672 for assistance.
Advocate, New Delhi