Ancestral property
Anand Anand
(Querist) 08 September 2014
This query is : Resolved
Dear experts my friend father purchased land in the year 1992 through registered gpa since then he is in possesion.the property purchased was in dispute from the year 1996.land was purchased from the elder brother in 1992 in wbich he was the title holder in revenue records but the younger brother was not in title nor any proof stating that the land was in joint.in the year 2012 there was partition decree stating tht it is joint property and the younger brother is also entitle for half of share on the said land.my friend father is nt made party nor recieved any legal notice from court.the younger brother wants to proceeds legally stating that the given gpa given by my brother is false.my query is how can my friend father challenge the younger brother and prove his possesion..
malipeddi jaggarao
(Expert) 09 September 2014
As per the court the GPA given by elder brother will not stand good as the property belongs to both the brothers. What are the properties mentioned in the partition decree. Whether the land purchase by your friend's father is in the partitioned property of the seller or not? He contact the original seller and his brother for adjustment of sale consideration as per the terms of decree.
Rajendra K Goyal
(Expert) 09 September 2014
Consult a local lawyer and show him all the documents including partition decree and case file.
Anand Anand
(Querist) 09 September 2014
Mr j.rao sirthe land purchased with sy.no is also mentioned in the partition decree.the elder brother is nt agreeing with the partition as so far went to appeal the decree.
malipeddi jaggarao
(Expert) 10 September 2014
The land purchased is the partitioned property of elder brother who has given GPA to the seller. The the owner who acquired title by partition decree sold it to you through GPA holder. If there is any litigation between the brothers, and if possession is already given to you, you will have to wait for the outcome of the appeal. As you are not made party in the suit, why do you bother right now?
Raj Kumar Makkad
(Expert) 12 September 2014
Well advised by experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
A GPA holder cannot be a owner of the property, so first of all your friend's father is not at all a owner of the property, he is just a power holder, though he has paid the full sale consideration amount to him, now if the POA deed is cancelled by the principle, your friend's father will be in a soup. Moreover, he cannot claim to implead himself as a party to the partition suit because he is not a subsequent purchaser too. Now your friend has to pressurise the principle to settle the issue or repay the amount received with interest or else let him not vacate the house until some settlement arrangement is made.
Raj Kumar Makkad
(Expert) 13 September 2014
Full paid agreement-cum-GPA is though recognized under law but no property can be presumed having transfferd on the basis of that document.
