gpa holder rights
nishant arya
(Querist) 02 February 2014
This query is : Resolved
My father and mother owns a flat jointly.now they purchased this flat by gpa and spa from the allotee.
Now my father died a year back.
Does my mother become the sole owner automatically or do the sons have a right in the property?
If the sons have the right then how to make our mother the sole owner?
nishant arya
(Querist) 02 February 2014
Please reply as the issue is critical.
nishant arya
(Querist) 02 February 2014
Please reply as the issue is critical.
Advocate. Arunagiri
(Expert) 02 February 2014
both the sons has to sign a relinquishment deed in favour of the mother. By this the mother will become the sole owner.
Devajyoti Barman
(Expert) 02 February 2014
The share of the father devolves upon his legal heirs which includes his widow and sons/daughters.
The sons no can gift their share in favour of their mother or relinquish their share in her name.
ajay sethi
(Expert) 02 February 2014
dd your father leave any will . if he intestate on his death his 50%share in said flat will devolve on your mother and the sons . i presume you have no sisters . both you and your brother can execute deed of relinquishment in favour of your mother
Rajendra K Goyal
(Expert) 02 February 2014
Well advised, agree with the experts.
Advocate M.Bhadra
(Expert) 02 February 2014
Your father and mother was joint owner i.e half share each,so after demise of your father your mother hold already half share.Therefore your mother you and your brother have equal share of remaining half.You can transfer your share by way of registered Gift Deed to your mother to make absolute on her own name.
nishant arya
(Querist) 03 February 2014
Thank you so much everyone.
nishant arya
(Querist) 03 February 2014
I also had a small query that do i need to take the gpa and spa and the agreement to sell to the sub registrar office while i go for relinquishment deed??
Secondly can me and my brother execute a single relinquishment deed in our mothers favour??
Rajendra K Goyal
(Expert) 03 February 2014
You should take with you, better execute separate deed.
nishant arya
(Querist) 03 February 2014
I am really honoured by all your replies to my queries.
Thank you so much for answering to my questions.
Sincere regards
Nishant arya
Devajyoti Barman
(Expert) 04 February 2014
Yes, all can join in a single relinquishment deed.
Welcome for your appreciation.
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
It is very simple that one of the joint owners expired, automatically the share of the deceased person will devolve upon his legal heirs which includes his wife and children, now his children want their mother to be the sole owner, they all can relinquish their right and interests in the i property by executing a registered release deed in favor of their mother, the issue will solved.
T. Kalaiselvan, Advocate
(Expert) 09 February 2014
I would like to modify my opinion on the subject.Fkirstly, if the property was bought by the parents of the author through a GPA/SPA and not transferred through a registered sale deed, it is is invalid. The author began his query with "My father and mother owns a flat jointly.now they purchased this flat by gpa and spa from the allottee."
The Supreme court has clearly held that conveyancing of property through GPA/SPA to avoid stamp duty or any other purpose, is invalid and illegal. This has been cited in :
SPECIAL LEAVE PETITION (C) NO.13917 OF 2009
I shall furnish the reported ruling if somebody needs to have a look at it.
Therefore, the author has to advise his mother to approach the vendor to cancel the POA and execute the property on her name directly to enable her to have a freehold of the property on her name.
nishant arya
(Querist) 09 February 2014
They purchased it on poa and registered it too at the sub registrar.
Secondly they purchased on gpa and spa in 2002.
T. Kalaiselvan, Advocate
(Expert) 10 February 2014
You say that they purchased it on POA and not from a POA (?), and this POA Deed was registered ?), if yes to this, legally, your parents were mere agents to the principal (original allottee)by which they were empowered to sell the property or enter into sale agreement with a third person on behalf of their principal and they are not the owners of the property. They were not conferred with the title of the property through GPA/SPA though the said deed was duly registered with the sub-Registrar. Therefore the only solution is to approach the vendor, get the original POA cancelled and get a sale deed executed and registered i the name of your mother.
