Gpa gift deed
kishore
(Querist) 27 February 2012
This query is : Resolved
Respected Experts,
Kindly consider the following scenario:
Mrs X sold a site to Mrs.Y by means of GPA(in the year 1983).
Before the registration could happen Mrs X died(in the year 2003).
Now Mrs.Y wants to gift the site to her son Y1 and effects a gift deed in favour of Y1(in the year 2012)
Aditional information:
Mrs X has children who would like to evict Y1 as the property value has gone up.
Mrs X has also given a acknowledgement of posession by Mrs Y.
Mrs Y and son Y1 have the posession of the property and are residing there from 1983 till date.
Query?
Would anyone be able to evict Y1 from the site?
Would Y1 be able to sell the property to a third party?
Thanks & Regards,
Kishore
Shonee Kapoor
(Expert) 27 February 2012
If GPA was with consideration the heirs claim would be weak.
But as long as the case is in court, Y may not be able to sell the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 27 February 2012
If the GPA was with consideration the legal heir can't evict them where as the selling of property lies he can't sell till the case disposal of the suit.
Raj Kumar Makkad
(Expert) 27 February 2012
Until Y1 gets a registered sale-deed from the legal heirs of deceased X, he can never sit in peace. He should serve a legal notice to the legal heirs of the deceased sellers to come on a specific day before the registrar office for the purpose of the registration in his favour failing to file a suit for specific performance as the GPA is based upon consideration.
Y1 should get his property duly registered in his favour and merely selling it to a third party shall not be a good solution to his problem.
Adv.R.P.Chugh
(Expert) 27 February 2012
You would be able to protect your possession in any case by virtue of what is called as the doctrine of part performance.
