Stay order
Anmol
(Querist) 26 October 2012
This query is : Resolved
My father had bought a house from his money ,via drafts of his account but got the registry done on his brothers name and took GPA with sale power from him and also a Will and an affidavit , all three stating that "I have not spent a single penny on the house and this house belongs to my brother not me , even my family has no right in it ." Now after my fathers death the GPA holds invalid , Kindly suggest on what basis can I take stay on the property . I have the possession of the house from last 20 yrs .
ajay sethi
(Expert) 26 October 2012
power of attorney ceases to have effect on death of your father . your uncle is the owner of the property as per agreement . he can always change his will if he so desires and bequeath said property to anyone else .
you wont get any stay . it now depends upon your uncle whether he desires to transfer property in your name .
Anmol
(Querist) 26 October 2012
But the care and maintainance , house tax , electricity bills everything is being paid by us from last 20 yrs
Devajyoti Barman
(Expert) 26 October 2012
What is the content of Will? Is it executed in your favour?
If so then file a suit for declaration establishing your title. Your long uninterrupted possession would work in your favor.
V R SHROFF
(Expert) 26 October 2012
POA dies with the person. So POA is useless now.
WILL comes in action on death of ur uncle. He is alive, so WILL is also useless.
affidavit and will , if in ur hand, can help you. Possession for over 20 years is most important factor.
Ask ur uncle what he intend to do. Settle ity , is the best way, otherwise who prevent ur uncle to change his WILL as well as giving another AFF.
DO NOT PART WITH POSSESSION. If uncle or his heir apply for eviction, Aff will support u.
Raj Kumar Makkad
(Expert) 27 October 2012
I disagree with those experts who deem your long possession over the property as a big point to claim your ownership thereto. The person in whose name property is mentioned, is the only owner thereto. GPA has gone with your father, Will was also in his favour with an affidavit of your uncle and that will have also gone and even your uncle is free to change his will as many times as he can till the moment he dies.
So in the given circumstances, it is better to settle the issue with your uncle on his terms and conditions and get the ownership of the property either by way of mutual family settlement in court or a by way of a colllusive decree or by way of gift deed so that the matter may be resolved for ever.
Guest
(Expert) 28 October 2012
I find a very strong point in the opinion of Shri Raj Kumar Makkad. Property can belong to you only if your uncle is ready to settle the matter amicably through a gift deed, transfer deed in your favour. Old will if in your father's favour, cannot hold good. Your possession of property or payment of tax, electricity or maintenance bills also have no relevance now in view of the sale deed being in your uncle's name.
Anmol
(Querist) 07 November 2012
feel sorry to know , how can there be no way for people whose hard earned money is put in , rather than people twist and turn law to misuse and prove wrong , right .
