conveys good title
Querist :
Anonymous
(Querist) 29 April 2011
This query is : Resolved
Dear Experts,
Facts that are forthcoming from the documents are as under:
1. BDA acquired the land when the father was alive.
2. Father expired by the time acquisition process was completed by the BDA.
3. We do not know who has applied for allotment of site consequent to the acquisition of land.
4. The site was allotted on 10.11.2006 in the joint names of 5 Sons as per the Allotment letter after the death of father.
5. The site was allotted under the Special Incentive Scheme Rules 1989 of BDA.
6. The consideration was Rs. 1,15,500/- as per the Allotment letter dt. 10.11.2006.
7. Sale deed executed by the BDA under the Special Incentive scheme on 15.02.2007 in favour of all the 5 Sons as joint holders on the strength of GPA. Copy of GPA not available.
8. Site Possession Certificate was issued in favour of all the 5 sons on 15.02.2007.
9. Within two months from the date of possession of site (i.e., between 15.02.2007 and 18.04.2007) all the 5 sons executed one more GPA who sold the site to "X" on 15.04.2007. Copy of GPA not available.
10. The registration process was delayed for about 17 days due to undervaluation and registered on 03.05.2007.
11. On 19.05.2007, after 16 days from the date of sale, all the 5 sons executed an Affidavit stating the assignment of GPA in favour of their eldest brother to sell the same property to Mr. V. Raju.
12. On 21.05.2007, the same site was registered to "Y".
13. On 30.01.2008, the site which was sold to "X" got cancelled .
The issues are as under:
Sl No Queries Remarks
1 Is the property conveys good title if bought ?
2 In the absence of source for purchase of site by all the 5 sons, does it assumes the colour of ancestral property ?
2 Whether the site allotted becomes the ancestral property ?
If Yes: what are the consequences
2 What is the status of the female members of the family (daughters). Since the acquisition of land and allotment of site taken place between 2004 and 2006
3 Whether all the family members of Sons & Daughters and their lineal descendants can have a claim against the site
4 Family Tree required or not
5 Consent Deed from all the family members required or not
Prahbakar SB
