DISPUTE ON gpA AND OTHER DOCUMENT
SANDEEP
(Querist) 02 December 2009
This query is : Resolved
A & B ARE HUSBAND AND WIFE. IN 1979 ( DELHI) ONE PROPERTY IS PURCHASED. IRREVOCABLE GPA IN FAVUR OF A AND REGISTERED WILL , RECEIPT, AVIDAVIT IN FAVOUR OF B. B WAS HOUSE WIFE. 1,2,3, AND 4 CHILDREN OF A &B. 1 @ 4 DAUGHTERS AND 2 & 3 SONS. A LIVE SEPERATELY SINCE 1995 GIVING MANINTENCNE TO B BUT NO JUDICAL SEPERATION WAS DONE. A DIED IN 1999. B ALONGIWTH 4 WANT TO SELL THE PROPERTY AFTER GIVING 30% SHARE TO 2. 1 IS MARRIED. B ASK 3 TO LEAVE THE HOUSE AFTER GIVING LEGAL NOTICE HENCE 3 LEFT THE HOUSE 1 YR BEFORE. Registered will, receipt & affidavit was made by the seller of the property to the purchaser (b).
IS THERE ANY REMEDIES FOR 1,2 AND 3. WHETHER THEY FILE SUIT FOR POSSESSION OR PARTITION.
ANY LATEST CASE MAY BE INTIMATED FOR HELP
THANKS AND REGARDS.
adv. rajeev ( rajoo )
(Expert) 02 December 2009
after the death of A his legal heirs can claim equal share in the property of the deceased.
you have told that there is a will but you not disclosed in whose favour will is exeucted. If there is a regd., will then the person in whose name will is exeucted will be absolute owner of the property.
Executed GPA will have no value after the death of the GPA executant.
joyce
(Expert) 02 December 2009
All the husbands property will be divided amoung the wife and children equally if partition suit is filed. but you are telling that some affidavits GPA, and registered will is there, so what are the contents of will or GPA is not explained in ur querry. if any property is to be gifted or given such share to anybody amoung you all will be mentioned in the will so plz verify.
niranjan
(Expert) 02 December 2009
How there can be will as well as purchase deed? If sale deed is there,how there can be irr.gpa ? Your uerry is not clear or i do not understand properly.If the sale deed is in name of both A B and if A has died,his share would be distributed between five surviving members.
Raj Kumar Makkad
(Expert) 02 December 2009
B has got no right to say any of her children to go out of the property left by her husband which is the joint property of all his legal heirs. Definitely B is owner to the extent of 1/2 +1/5=7/10 share of the property but all other 4 children are owners in possession to th extent of 3/10 share in joint and equal share.
SANDEEP
(Querist) 03 December 2009
Propety is in Delhi. all the papers are executed by the seller. irr. GPa in favour of A husband and other paper reg. will receipt & agreement to sell in favour of B. affidavit in favour of A and b both. Content of GPa are as same as usually in all GPA.
SANDEEP
(Querist) 07 December 2009
Mr. Raj Kumar Makkad
As per your reply. Is there any provision of Supreme court ruling on the basis of the calculation you had done? please reply.
SANDEEP
(Querist) 09 December 2009
THANKS FOR VALUEABLE SUGGESTION
