disputed ownership
rajesh makol
(Querist) 22 March 2013
This query is : Resolved
mr A sold a dda flat to B via registered GPA in noida. on same date A executed Will And payment receipt in favour of C in delhi. Before A died B sold flat to D. Is D entitled to ownership or C can claim. The receipt in favor of C does not mention the object of consideration. it merele says received ... in advance.
ajay sethi
(Expert) 22 March 2013
it is necessary to go through the papers to advise .
as mentioned earlier you give only half baked facts .
you have not mentioned dates of transaction also not given replies to queries rasied earlier.
consult a local lawyer .
Adv k . mahesh
(Expert) 22 March 2013
without the transaction papers cannot say correctly
prabhakar singh
(Expert) 23 March 2013
Title of property can not be deemed to have passed on to B from A just on the basis of a
registered GPA (even if it conferred a right
to sale by B on behalf of A).
Title was not passed from A to even C just on the basis that on same date A executed Will And payment receipt in favor of C in Delhi.But since consideration was received
it would amount to an act of fraud committed by A on C as on the same date A registered a GPA in favor of B in Noida
If right to sale was conferred by by GPA of A to B and before A died B sold flat to D,then it is here that LEGALLY TITLE WOULD BE DEEMED TO HAVE PASSED ON FROM A TO D EVEN IF SALE DEED WAS SIGNED BY B ON BEHALF OF A ON THE BASIS OF GPA.
THE WILL FROM A TO C CAN TAKE EFFECT ONLY AFTER THE DEATH OF A.
THEN D HAS CONCLUSIVE TITLE OVER WHAT WAS SOLD TO HIM BY B ON BEHALF OF A AGAINST C WHO IS BENEFICIARY OF WILL BY A TO HIM
rajesh makol
(Querist) 23 March 2013
thanks a lot prabhakar ji
