Regarding govt compensation and ownership of title
sharath
(Querist) 31 December 2012
This query is : Resolved
Hi , we are two sons . my elder brother is settled in states and my mother wanted to give a plot of 200 sqyds to me which is self acquired by her not inherited . so she did GPA CUM SALE on my name which is registered by paying stamp duty for the above transaction applicable at that time,in the sub - registrar office in the year 2004 and my mother purchased in the year 1995. the E.C shows both my name first and my mother's name second .the words on the head of the document are
AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY
We live in hyderabad and GPA CUM SALE is very much valid here as one document , which essentially authorizes the VENDEE (me) as GPA holder and at the same time gives the right to SELL the property to others either in full/partial on behalf of the VENDOR and there is no time clause in it . the plot is coming under buffer zone of lake FTL i mean the place which has to be left free and no construction can take place but we can go for compensation and it has been given either in the form of cash or alternate plot . Compensation will be released in the name of title owner . so here who is title owner me on whom there is a AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY registered document or my mom on whom the SALE DEED is there . i have these set of questions .
1) CAN REGISTERED GPA CUM SALE HOLDER (me) ELIGIBLE
, RECEIVE GOVT COMPENSATION ON HIS NAME . IF SO WILL
THERE BE ANY REQUIREMENT / NOT OF ANY NOC'S
EITHER FROM MOTHER AND BROTHER WHILE AT THE TIME
OF RECEIVING COMPENSATION .
2) OR SHOULD I AGAIN GO FOR SALE DEED ON MY NAME .
IF I HAVE TO DO IT SHOULD I HAVE TO CANCEL THE
EXISTING GPA CUM SALE AND AGAIN GO FOR SALE DEED ON MY NAME .
3) IF I HAVE TO HAVE SALE DEED ON MY NAME, CAN I DO
IT NOW OR IS THERE ANY CLAUSE AS SUCH THAT THE LAND
SHOULD HAVE BEEN ACQUIRED BEFORE SO AND SO YEAR FOR
AS PER ANY LAND COMPENSATION ACT .
THE NEW LAND ACQUISITION AND COMPENSATION BILL HAS
BEEN RECENTLY CLEARED IN PARLIAMENT . HOW SHOULD I
PROCEED IN THAT PURVIEW . PLEASE HELP ME OUT ....
Anirudh
(Expert) 31 December 2012
You have to give the following information before anybody can give you an appropriate answer.
1. When your mother gave GPA and Sale, whether the same was Registered in the Sub-Registrar's Office.
2. If the said document was registered in the Sub-Registrar's office whether you paid any Stamp duty on the same?
3. If so, what is the amount of stamp duty paid by you?
4. Now in the sub-Registrar's Records, whose name is registered as owner - whether it is your mother's name or your name.
R.K Nanda
(Expert) 31 December 2012
contact local lawyer.
Raj Kumar Makkad
(Expert) 31 December 2012
*Anirudh! I think you have not carefully read the contents of the query wherein the querist has already provided specific information that GPA cum sale deed is registered in the name of querist in the office of registrar by paying proper stamp duty so your questions have no maintainability.
*Querist! You need not re-registration rather put your claim before LAC as per law. Engage a local layer and do it within the prescribed limit.
