Holding a gpa and need to register the property which is in bangalore.
Bharath Rao
(Querist) 16 April 2013
This query is : Resolved
Hi,
My mother is holding a GPA which is executed in the year 1993, now that the person who has given the GPA (owner of the property) has died 6 years back and we have not registered the property. The person who has given the GPA has 4 sons and 2 daughters and they are not aware of the property. Now we are planning to either register the property among our family members or planned to dispose the property. Here are my queries:
1. If we register the property among ourselves, how is it possible and what are the legal issues which we will face. Since the childrens of the original owner of the land have no idea about the property and never bother to know about the land. Moreover we have not asked thier help or let them know about the property, since they may ask compensation to sign while registration.
2. We also have a offer by a prospective customer to buy the property and is also aware of the back ground of the property. Where he is ready to buy directly without registration from us on the basis of GPA.
V R SHROFF
(Expert) 16 April 2013
"We also have a offer by a prospective customer to buy the property and is also aware of the back ground of the property. Where he is ready to buy directly without registration from us on the basis of GPA."
Best way out. Do it, without committing anything, at his own risk.
Just by having GPA, you don's become owner of property. If GPA was for sale and consideration, you should have proof of payment, wh you don't have.
Otherwise GPA is not valid, as Power of Attorney is valid only during the Lifetime of Giver.
Shashikant V. Patil
(Expert) 16 April 2013
Dear Bharath Rao, you are cheating and want to grab somebody's property. ShriVR Shroff rightly stated. On mere GPA , you do not have any thing to do as the person who delegated powers to your mother had already died and this GPA is no more valid and enforceable. Also , all legal heirs are the real owners of that property after death of their father.
Adv k . mahesh
(Expert) 16 April 2013
yes GPA does not have any validity once the person who executed on you mother name is no more and best option that the new buyer is also very well know the facts go ahead
R.K Nanda
(Expert) 16 April 2013
agree with experts.
M V Gupta
(Expert) 17 April 2013
You are stating that the property is not registered and now u want to register it. Pl clarify whether the sale deed in favor of ur father was registered or not. If it is not registered, then the title to the property has not vested in ur father aND NONE OF U DERIVE ANY TITLE, except by way of adverse possession. if it was registered and ur father died intestate(i.e., without a will), then all the children and ur mother have equal rights in the property. POA cannot be relied as it expired on the death of ur father. If u want to sell , all of u should sign the sale deed to convey valid title to the buyer.
Rajendra K Goyal
(Expert) 20 April 2013
Probably Expert Sh. M V Gupta ji has wrongly understood the principle who gave GPA as the father of the inquiring person. I agree with the views of Expert Shashi Kant Patil and K Mahesh.
