Ancestral Property
Ashok
(Querist) 01 February 2010
This query is : Resolved
Dear Lawer,
On March 3rd/1996, My mother brought a plot with GPA( General power of attorney) from a Vendor (56 years old) and at that time the vendor had 3 sons and all were Major, but they have not signed the GPA.
On 15 Dec-2003,my mother registered the same property to my name as an Attorney Holder.We have 3 shops from past 4 years and all the taxes,electricity bills etc are in my name.
Now, the 3 sons of the Vendor are threatening for randsome,else to book a case against us?
Could you please advice? I heard that after 13 years,they do not have any rights
niranjan
(Expert) 01 February 2010
Heading is about the ancestral property.If that was ancestral property,then vendor could not have sold whole property beyond his share,in that case limitation will not help you.Sons can file suit for partition as you have steped in the shoe of his father-coparcner.But if the property is not ancestral and self acquired then you need not worry.
vijayan
(Expert) 01 February 2010
Your question can only be answered if you clarify following facts.
(1) Who was the title holder of the plot when purchasing by your mother?
(2) whether the so called vendor is the power of attorney holder of owner of the plot or the real owner?
(3) Who is the owner and who is the power of attorney holder?
(4) Whether the plot was registered in your mother's name or not at the time of purchasing?
(5) how your mother became an attorney holder at the same time when she is the purchaser of the plot?
from your question , I think your mother was only a power of attorney holder of the title holder of the plot and not a purchaser.If the fact is so, even now the plot is the property of the so called vendor and you are liable to face legal actions by the "vendor".
If your mother registered the property in your name under the strength of the power of attorney and all the conditions mentioned in the power of attorney are fulfilled , do not fear the threatening of 3 sons and you lodge a criminal complaint about to local police against threatening.
Ashok
(Querist) 03 February 2010
Dear Vijayan & Niranjan,
Thanks a lot for your support. To clarify more,
-Yes.Vendor is the Real Owner of the property(not GPA holder). Vendor is expired, only his 3 sons are alive.
- The Vendor appointed/nominated my Mother as Power of attorney holder in 1996 under all the conditions.The GPA was also Registered in the Office of Sub-Registrar in 1996.
few conditions of the GPA are,
* to pay taxes,cesses etc
* to enter into agreement of Sale and to receive amount.
* to register the sales deed and to receive full amount. etc etc
- My mother was Power of Attorney holder of the Vendor(plot owner). In 2003, my mother registered the same property in my name as an Attorney holder.
few lines of the Sales Deed are,
* Vendor is the sole and absolute owner of the schedule property and the same is vendor's ancestral property,represented by his GPA holder 'My Mother".
* Vendor for want of money has agreed to sell the property through his attorney holder for X amount.
Kindly let me know if you need more information.
Ashok
(Querist) 10 February 2010
Dear lawyers,
It would be so kind if someone can reply to my query.
Thanks.
