Land issue
Anand Anand
(Querist) 09 May 2014
This query is : Resolved
Hello sir,I have purchased land in the year 1990 through registwred GPA.The land belonged to two brothers which were in joint.the elder brother who has sold the property thru GPA.th gpa does not include younger brother.the elder brother had recieved amount in total n receipt.the younger brother who received the amount I fail to take the receipt from the younger brother and paid amount to him believed the younger brother as v r relatives and paid amount to him .the elder brother had expired in 1991 .knowing da GPA would get cancelled i have transferred the purchased land on a 3rs indian stamp paper(sale deed) to my brother before the death of elder brother in 1990.this sale deed is impounded by the collector in 2013.the younger brother who filed a suit in the year 1996 against the legal heirs of his elder brother the suit had finally came to conclusion the properties are to be enjoyed jointly and they belonged to both brothers n they are ancestral..my doubt is what should my brother do now with the impounded sale deed can my brother transfer it now??or is there any legal problem??the suit is being appealed in the court of law..the suit includes this survey number and the above land..please give me some information experts it would be helpful..
P. Venu
(Expert) 09 May 2014
Were you a party in the suit filed by the younger brother?
Rajendra K Goyal
(Expert) 09 May 2014
Whether you and your younger brother were a party in the suit?
Consult a local lawyer and show him all the documents.
Anand Anand
(Querist) 09 May 2014
Thank you experts.Venu Sir im nt made party in the partition suit.the younger brother is plaintiff nd the legal heirs of elder brother are the defendants..thank you sir.
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
The property not purchased properly and purchased through such GPA to avoid stamp duty will always result into such problems on one or the other day. Now, since the younger brother has not given you power though he had a right for a legitimate share in the property, you should have thought about it then itself when you transferred the property on your brother's name. The younger brother is stated to have filed a partition suit in the year 1996, why have you not taken any step to implead yourself as a party to the suit? Why the property was impounded? Who has went for an appeal?, what action the younger brother take after the judgment of the lower court? You may consult a local lawyer with all the details for further opinion.
