G p a , if not mentioned!
Querist :
Anonymous
(Querist) 07 August 2011
This query is : Resolved
Dear Experts,
In a registration document the GPA holder is not mentioned his status (As a GPA holder)but signed and registered the document . This had happened nearly 35 years back. Very recently this fact come out through a will. The story is Person 'A' is a GPA holder of Person "F". This person "F" through a will transferred the property to person 'B'. After the death of person "F" ,Mr. 'A' had taken a GPA from Mr. 'B'. But before the death of Person "F" person 'A' entered his name in Revenue records. Because of this reason , during selling of property Mr.'A's Not signed as GPA holder but signed as the owner of the property. This whole thing had happened in a family.
In the circumstances, what should legatee of Mr'B' should do? will the transactions done by Mr.'A' are valid in the eye of law?
Experts Sirs, please guide me with proper action to be taken to save my property!
Thanking you ALL, expecting an early reply.
Advocate. Arunagiri
(Expert) 07 August 2011
You say A had entered his name in Revenue records before the death of Person F.
But, you say A had taken GPA from B after the death of F.
The GPA obtained from F dies with F. GPA obtained from B is valid.
If the GPA obtained from B is registered, but, the same was not recorded in the sale deed, you wont have any problem.
But, if the GPA is not registered, the sale would become invalid.
prabhakar singh
(Expert) 07 August 2011
Expert Advocate. Arunagiri is right.
Raj Kumar Makkad
(Expert) 07 August 2011
I also agree with the advice of arunagiri.
R.Ramachandran
(Expert) 07 August 2011
You are mixing up too many things without appropriate clarity.
You have to say under what circumstances "A" got his name registered against the property of Mr. "F" during the life time of "F"?
If that be true, then why should he get a GPA from "B" (in fact if the property is already in the name of "A" during the life time of "F"), who is the beneficiary under a Will executed by "F". After the property stood transferred in the name of "A", there was nothing that "F" could have given by way of WILL to "B".
So why should "A" obtain any GPA from "B" after the death of "F"?
Querist :
Anonymous
(Querist) 08 August 2011
Dear R.Ramachandran Sir,
As Advocate, Arunagiri detailed( which is a fact) person 'A' without any valid instrument recorded his name in the revenue records this fact is not known to person"F"! The fact is Person 'A' was having only GPA from person "F" during her life time!But Mr.'A' entered his name in the revenue records as the owner of these lands during the life time of person"F" {please note: There is no valid instrument for for the mutation of this property, except a GPA IN FAVOUR OF Mr.'A' from Person "F".}
Hope i am clear now.
Thanking you ALL, expecting an early reply
R.Ramachandran
(Expert) 08 August 2011
Does the GPA from "F" to "A" authorises the mutation of the property in favour of "A"? If not, how can the revenue records be altered? If you say that on the basis the GPF from "F" in his favour "A", Mr. "A" executed a Sale Deed in his favour and on the basis of the Sale Deed got the property mutated in his name. That is understandable. But not the subsequent acts of "A" in obtaining GPA from "B" etc. etc.
In any case, if "A" had committed fraud on "F" on the basis of the GPA (i.e. if he had not informed "F" that he had acted upon the GPA and sold the property, and had handed over the sale proceeds to "F") then "F" should take immediate action against "A". For this "F" has to approach a lawyer, show all the documents, and then take things forward. What are the time periods involved is also not clear from your post.
Querist :
Anonymous
(Querist) 12 August 2011
Dear R.Ramachandran sir,
In your last para-" For this "F" has to approach a lawyer, show all the documents, and then take things forward." "F" is no more is DEAD!
Kindly go through my QUERRY from the post, and help me.
Thanking YOU.
R.Ramachandran
(Expert) 12 August 2011
Please indicate the date of execution of GPA by "F" in favour of "A".
Please indicate the date of WILL by "F" in favour of "B".
Please indicate when did "F" die.
If according to you "A" had got the property mutated in his name during the life time of "F", where is the need for him to obtain any GPA from "B" after the death of "F"?
Please indicate on what basis "A" got his name mutated against the property? (Mutation in Revenue Records cannot be got done. Therefore your statement that "There is no valid instrument for for the mutation of this property except the GPA" is very difficult to digest. If "A" was only having the GPA, then "A" ought to have executed a sale deed in his own favour on the basis of the GPA and then got the mutation done.)
Please indicate the facts in regard to the above queries, so that the matter can be examined.
Querist :
Anonymous
(Querist) 12 August 2011
Dear Sir,
As per your Questions:
1)execution of GPA by "F" in favour of "A":On12-01-1960,
2)date of WILL by "F" in favour of "B":02-02-1976,
3)indicate when did "F" die :21-02-1976.
Further, DOD of "A" is :06-04-2003, and DOD of "B" is :31-01-2010.
"There is no valid instrument for for the mutation of this property except the GPA" is very difficult to digest", but this the actual fact, he being Mali Patel of village and son in law of Mrs. "F", he had entered his name in Revenue records,without any valid instrument. Even in the will of "F" ( which is on 02-02-1976, Mr. "A" is not given the property as he entered in revenue records in the year 1954-55 !).
What is the solution for this problem?
Sir, I hope; i am little clear this time!
Thanking you once again, for your kind concern.
