Gpa
suraj j patel
(Querist) 25 November 2014
This query is : Resolved
A. Father
B. Only son from A'S first wife
C.Son
D.Son
E.Son ( three sons from A'2 nd wife )
B dies in 1989,
A,C,D,E has executed a gpa to F in 1995, A, Dies in 1998.
F sells the property to G in the year 2002.
RTC was in A's name
Query 1:The sale deed was created by F in favour G Via GPA after the death of A ( B,C,D ) are still alive.
I am the only son of B, What is my rights & B,C,D rights over the said property.
Query 2: Can i challenge the sale deed made by F in favour G Via GPA after the death of A.
Query 3: Can G fight for the share of ( B,C,D ) as they are are still alive.
Devajyoti Barman
(Expert) 26 November 2014
1. If the property is ancestral, you can challenge the sale deed. Moreover Due to death of A his share has not passed into F.
2.Yes by declaration and partition.
3.Yes , he can if he is a bona fide purchaser without notice.
suraj j patel
(Querist) 26 November 2014
Thank u for the reply mr Barman,
The property is ancestral, (1.2 acre in bangalore)
Forgot to mention, A has three Daughters & one son ie B ( from frist wife)
& one Daughter & three sons ie ( C,D,E ) (from second wife)
Query : 1 , I , my two sisters & my mother have filed a suit against ( C,D,E,F,G) for declaration & injunction & make the sale deed Null & Void & to declare us the owners of the same, is it correct????
Query 2: what is the court fee that i have to pay for recovery of position & cancallation of the sale deed( G has got the land converted to non agricultural purpose and has got the RTC transfered to his name in year 2010)
Query 3: None of them ( C,D,E,F,G) have appeared to the court since the beginning ( filed the suit in feb 2013) All have received the notice but have not appeared to the court. Now C,D,E has come forward and agreed to give us a realese deed out side the court, is it right ?? can they cancell the GPA ????
Query 4:Can the daughters of A ( four daughters)claim share of the same.
sanjeev murthy desai
(Expert) 26 November 2014
Dear Barman,
Your family members including your mother, sisters have 1/7th share in the property..
In my view partition suit is advisable in the said partition suit you can seek for sale deed is null and void and not binding on us.
Kindly contact any local lawyer for this and you can also challenge the khatha.
If they have sold the property through GPA then how they release out side of the court with out property. This is nonsense idea
At the end legal heirs may get 1/7th share in the property.
It is advisable to have the legal opinion for your property and litigation.
Guest
(Expert) 26 November 2014
Is Mr.Barman the Querist?
T. Kalaiselvan, Advocate
(Expert) 28 November 2014
Mr. Sanjeev Murthy Desai has given a correct picture and satisfactory explanation as well as proper suggestion. Under the given situation, partition deed is the best option, in which other reliefs like, declaration of sale deed executed by GPA holder after the death of one of his principals as null and void and all such subsequent alienation are not binding on the plaintiffs, to cancel the Katha transferred on the name of G, etc and any other specific or general reliefs.
How do you say that the property is of ancestral in nature?
However A's intestate property will devolve on all his legal heirs i.e., his wife (either 1st if she is alive or on 2nd if she married A after the death of first wife), all his children from First marriage and all children from second marriage.
suraj j patel
(Querist) 28 November 2014
Thank u all for your reply,
Below query not answered,
Query 2: what is the court fee that i have to pay for recovery of position & cancallation of the sale deed( G has got the land converted to non agricultural purpose and has got the RTC transfered to his name in year 2010)
suraj j patel
(Querist) 28 November 2014
Thanks for ur reply sir,
our advocate say if you want to ask for cancellation of sale deed and recovery of position ( currently it is vacant land) i have to pay court fee of current SR value( market value/ Guideline)
( G has got the land converted to non agricultural purpose and has got the RTC transfered to his name in year 2010)
CURRENT SR value( market value/ Guideline value is 2500 /-)
The extent of land is 1.2 acre ( 47500 SQFT ) approximately..
suraj j patel
(Querist) 10 February 2015
My Grandfather had two wife’s, he had one (1) SON and (3) Daughters from the first wife and (3) sons and (1) daughter from second wife. He married the second wife after the death of his first wife.
I am the son of his first wife son & I have 2 sisters.
Query;- My father died in the year 1989, My grandfather made a will in the year 1990 of a property measuring 1 acre agricultural in Bangalore equally to his 3 sons from second wife. (It was one of my grandfather’s ancestral property)
The same property In the year 1992 my Grandfather and his two sons (2 nd wife) gave a registered GPA to one Mr. Rajashekar for the entire 1 acre, last son was a minor. My grandfather died in 1998, Mr Rajashekar in the year 2002 sold the property to Venkatesh.
The sale deed executed in 2002 shows my Grandfather’s and my three uncle’s name represented by Rajashekar as a GPA holder in favour of venkatesh.
Now is the sale deed made by rajashekar to venkatesh valid and since my father died before my grandfather do I get rights in the property, The said land was converted from agricultural to residential purpose.
The sale deed was made after the death of one of the GPA issuer.
I along with my mother and sister’s have filed a suit to declare the sale deed dated 2002 as null and void, against my 3 uncle’s and the GPA vendor and the purchaser in the civil court,
The court has asked to pay a court fee of 10 lakh since the land has been converted by the purchaser.
Is the court fee applicable ?
