Spa papers issue with my cousins who are legal heirs

Anand (Querist) 17 May 2012 This query is : Resolved
Hi,

My grandfather(A) has bought land & built a house sometime in 1960s. During his mother's last minutes, she has taken a promise from my grandfather(A) that he should share some portion of his property with his own younger brother(B). My grandfather(A) had a good virtue of high values, therefore, as he promised to his mother, he did legalise half of the portion in his younger brother's(B) name through partition deed which got executed sometime in 1980s.

Late Grandfather (A) has 4 legal heirs - my late grandma, my late dad & 2 aunts

Late Grandfather (B) has 6 legal heirs -Grandma, 4 brothers & 1 sister. All of them are settled in Mumbai since 1970s

FYI - Both our families maintain healthy relations till date

My grandma & dad who deceased before 2009 ensured & convinced my cousins (legal heirs of grandfather B on the portion they were legally possessing) to sell out their half portion to us (my dad). On this agenda, both the families agreed to buy & sell that half portion. My dad paid them the money in 2008 & got the GPA signed by all 6 legal heirs (eldest son was given power of attorney to execute sale at Hyd SRO). Just after this my dad fell sick & deceased. Thereafter, we got upset & were not paying attention to GPA papers which should be used for sale execution of the said property. In April 2011, I have resumed the pending transaction (sale) from where it was left. I approached local SRO to get the details about sale process basis on GPA holder, then I realized that the obtained GPA is no more valid because it has crossed more than 2 years time.

I again made fresh draft of SPA papers ( in Nov’11) for executing sale at Hyderabad & sent it to my eldest uncle(eldest son of grandfather B) in Mumbai for further processing. I have requested my uncle to make those SPA papers & get it registered in their local SRO at Mumbai & update. Sadly, till date it is not done for the reason that my uncle quotes is that “all the family members (6 legal heirs of grandfather B) are not available at a particular time slot to visit SRO, as they are office going people & their office time is different from one & another, not getting time / leave permission from office, on official tour, etc. Things stopped here since Nov’11 & till date I had been continuously following it up with my uncle to check if the SPA papers got ready.

We have agreed & chosen SPA option because all 6 legal heirs cannot travel to Hyderabad at a time to execute sale deed.

Now, my mom wants things to be settled between me & my elder brother on the entire property (including the half bought portion of grandfather B). In this case, my mom cannot conclude the papers in our favour until & unless the other half portion sale is executed by my uncle in my mom’s name.

Finally, my ask is that, how do we tackle this situation.

My only objective is to get the SPA papers done by my uncle & conclude the sale deed at Hyderabad SRO. If someone interested to take up & get it done, please write back to share my number.

Thanks in advance!

With regards,

NN

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