Retain of property
lavin
(Querist) 25 March 2012
This query is : Resolved
Hello Sir, i have a Question, kindly help me out,
My uncle purchased a plot and got registered in His name in the year 1972, in the year 2000 he expired, till date none of my Uncle's family member turned up to that property, now when we went to see that property some one has occupied the property and constructed a Shed and let it out for rent, when we contacted the tenent they said the property owner is some X person,
Now we went to Government office (Sub Register office,Taluk office) and collected the EC, till date the EC is coming in my uncle's name.but we have even lost the original sale deed also. Now we have certified copy of all out documents such as Sale deed,EC. even we were able to collect the present owner's document such has Sale deed(sale deed 20,10,2000)
When we checked about the person who has constructed the Shed in our plot, He says that my uncle has given Notarized GPA to his wife in 1991, which is not true. with that GPA she has registered the property in her Son's name without my uncle's Signature in the Registered Sale Deed,but this registration has happened 10 days after the death of my uncle in the year 2000. (date of death 10-10-2000 and date of Registration 20-10-2000). The GPA holder is in possession from year 2000 till date,all the tax,electricity bills he is paying,RTC from 2001 comes in present registered holder's name(Her Son).
Here i would like to know if still my uncle has given a Notarized GPA to a unknown lady, after His death, does the GPA stands. Because the Registration of the property has happen to Her Son from Her has happened after 10 days after my Uncle's Death.
Dear Sir kindly help me out to retain my property, has my uncle is the real property owner.
Thank You
Lavin
Adv.R.P.Chugh
(Expert) 25 March 2012
Dear Querist,
First you'd have to be sure whether your uncle executed only a GPA or the entire set of documents executed to execute a sale (GPA/Agreement to Sell/Will/Reciept etc)
If it is just the GPA - (it is not one coupled with interest) the GPA is automatically revoked on his death. A GPA is a document by which a person appoints another as his agent to represent him in dealing with third persons or to do some acts on his behalf. Common Sense says if the principal is not there - who would the agent represent. Hence GPA of no effect after his death. His property automatically devolves on his legal heirs. The woman had no power/capacity to execute a Sale Deed in favour of her son.
File a Suit for Declaration + Suit for possession.
