This is pertaining to a property in Bangalore. Mrs. Shantamma, the original landowner, sold her self-acquired property—which she had obtained in 1968 to Mr. Srinivas in 1988 under a notarized, but not registered, GPA and sale agreement. Mr. Srinivas built a house in 1994 and subsequently in 2007 executed a registered sale deed to Mrs. Nethra(his wife). In the meantime, Mrs. Nethra received B-Khata in her name and has been paying taxes up to date.
Points to note:
- This is not an ancestral property. It was purchased by Shantamma from Narayana, who had bought it from Lakappa in 1958. Lakappa had bought it in 1938.
- In the year 1988, the GPA includes Shantamma's thumbprint and the signatures of her two sons, aged 38 and 35. She also had two daughters at the time.
- According to the GPA, Srinivas has been given the authority to sell the property to anybody he wishes on Shantamma's behalf.
- Shantamma was still alive when Srinivas executed a registered sale deed in Nethra’s favour, but Shantamma’s signature was not obtained.
- As of today, August 2, 2022, Shantamma is deceased. She has one surviving son aged 70 years, eight grandchildren, three great grandchildren over the age of 18, and seven great grandchildren under the age of 18.
Now I intend to purchase this property. Can Mrs. Shantamma's legitimate heirs make a claim on the property? If so, what level of familial hierarchy are they eligible to claim? If I purchase this today and wish to sell it in the future, would I have any legal issues with the property?
According to the abovementioned facts, if the legal opinion is to proceed with buying the property, Nethra, the existing owner, claims that she is missing the original copy of the GPA. What should be done, kindly advise?
