GPA Cancellation for the HUF by co-sharer

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
We are HUF and we all gave GPA to my mother. GPA is appropriately registered at the Court when my father passed away. One of my brother issued cancelation lawyer notice to my mom and other co-sharers besides publishing the news at local news.

Q1. Will this legal notice and publishing in local news is enough for him to cancel the GPA?

Q2. As the properties are not yet partitioned, can we still sell the unpartitioned properties by leaving his share by virtue (but not legally registered deed and no consent taken from him)?

Q3. The unpartitioned property is not partitioned between my father and his brother. Both of them passed away. Can we partition between us and my father's brother family despite GPA cancelation notice (with no consent my brother)?

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SAANJAAY GUPTAA (Expert) 17 December 2010
The registered GPA shall cancelled only by registered deed of cancellation of GPA.

yes, you can sell through the GPA.

Yes, you can ask for the partitioned in court.

Khaleel Ahmed Mohammed (Expert) 17 December 2010
1.GPA may be cancelled and the notice should be published in the local prominent news papers.
2.Before selling the properties, partition must be done mutually or though suit for partition.
3.The partition must be done among the heirs of your father and his brother as per hindu law.

Devajyoti Barman (Expert) 17 December 2010
Yes for all of your queries.

s.subramanian (Expert) 18 December 2010
I disagree with Mr.Sanjay on only one point. Mere issue of notice will sufice for revoking the GPA. There is no need to make any registered instrument revoking GPA.

Kirti Kar Tripathi (Expert) 18 December 2010
Agree with Mr. Barman and Mr. Surbamanian. Mere notice is sufficient to revoke GPA.

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