Disputed GPA
Partha Chattopadhyay
(Querist) 23 March 2018
This query is : Resolved
Three parcels of agricultural land totalling about 2.52 acres were owned by father who died intestate in 1972 leaving behind two sons and three daughters as legal heirs all of whom are now senior citizens. It has come to notice that a GPA had been given (which was also registered) by three daughters for sale of entire plots of land. It is a point to be clarified whether this GPA can be questioned for its validity and be challenged in a court of law. Also whether a particular heir can dispose of his share (20%) at the govt approved rate.
Vijay Raj Mahajan
(Expert) 24 March 2018
Registered GPA given by the deceased father to his 3 daughters comes to an end on the very day the father died, it is null and void in the eye of law. None of these daughter can use the GPA for transfer of the property in any manner that was owned by their father. After the death of the father all the children including both all sons and all daughters inherit the property and get one share each of the self owned/acquired property of their deceased father. As far disposing the 20% of the land property by anyone of these children is concerned that is possible after the demarcation of the land property and for that proper partition has to be carried out wherein which of the child get which part of the land will be decided, only after that each of these will be free to sell out their portion of use it as they so desire.
Partha Chattopadhyay
(Querist) 24 March 2018
Thanks a lot Mr. Mahajan for your considered views. Very helpful. Thanks again.
rajeev sharma
(Expert) 26 March 2018
Any person who has a legal ownership of land may execute the PoA regarding his/here land.For challenging the PoA you will have to prove that daughters had no title in the property. WE are not in a position as to you have not mentioned whether the property was self acquired of the father and when the father died. These are vital questions to know whether the daughters acquired a title in the property as legal heir of father. Any person is free to sell his/her property at any rate collector rate/ circle rate are for the purpose of charging stamp duty it does not bound the seller to sell its property at that rate.
