Owner ship of property & right
Nitin Sharma
(Querist) 29 September 2011
This query is : Resolved
Dear Experts,
My father purchase a land in 1974 from X on General Power of Attorny (No date is mentioned on GPA)on stamp paper of Rs.10 and Executant Party No 1 (Seller) do here by authroise the said attorney to manage and transfer the said land under his own signature on behalf of the executant;
2, To sell the said land in favour of my Mother "Z" or her nominee,execute the sale deed ,get the same registered and admit the execution thereof before the S.R.Delhi;
Also in point no 7 of the GPA its mentioned : That the party no 1 or the appointed attorney thereof shall get the sale deed of the sad property registered in favour of Party No-2 (My Mother).
Also there is an agreement to sell made on 1974 with given date ..... to sell the propety in my mother name.
My quetion are:
1.My Mother is no More and my father want to sell the property. Is he has right to sell the property without all siblings.(daughter and son)signature or our intention. IF all are ready but i am not then ,can they sold out the same on majority basis.
Please help me to as I am leaving in that house and brother is somewehere else . Sister are married and setteled.
My father threatening me to make singe or else he will sell the same to someone else and he will get vacant the palce by own.
some other points are as follows :
Electricity Connection -Mother Name
Water Connection -Father Name
House Tax Paid by -Father Since 1974 till today.
Pleae help he about the ownership and my right in this property.
R.Ramachandran
(Expert) 29 September 2011
First and foremost please indicate the following:
(1) The property is currently in whose name?
Nitin Sharma
(Querist) 29 September 2011
Dear Expert,
This is the main question which i want to know. we have GPA and Agreement to sale as i mentioned earlier ...and till today no sale deed is executed.
Waiting for your kind reply.
R.Ramachandran
(Expert) 29 September 2011
Whether the person, who gave the GPA to your father, is still alive?
R.Ramachandran
(Expert) 29 September 2011
If the person who granted the GPA is not alive now, the GPA has lost its validity. Your father is NOT A VALID General Power of Attorney holder, ANY LONGER. So, the GPA which he is having is useless.
Nitin Sharma
(Querist) 29 September 2011
what would we do now n what about agreement to sell which is on my mother name. What would we do , if we want to sell the property will all legal heir consent.
Nitin Sharma
(Querist) 29 September 2011
Dear Prabhakar sir,
To be very frank, We don't know is he died or alive. Please let us in both the cases if he is alive or dead. Actually he was the third party.
R.Ramachandran
(Expert) 29 September 2011
Dear Mr. Nitin,
I think as your father, you are also not serious in the matter. Otherwise you would not have given an irresponsible answer earlier saying that the person who gave the GPA is not alive.
Whether the person gave any WILL along with the GPA?
Nitin Sharma
(Querist) 30 September 2011
Dear Ramachandran, I am serious that's why i am here for the suggetions for all you experts .
My means is that , my father has not tell us about anything ..I am just saying what i understand and written as above from the GPA and Agreement to Sale. The else i can assume.
The rest u let us know from your expertise. Also as i mentioned above..
Electricity Connection -Mother Name
Water Connection -Father Name
House Tax Paid by -Father Since 1974 till today.
Please advise on the basis of thing i mentioned.
Thanks in advance
