Validity of gpa cum affidavit
jagadish
(Querist) 16 May 2012
This query is : Resolved
Dear experts
my father purchased a site in the year 1998 from my grandfather(my mother's father)for a sale consideration of Rs 13000/-
my grandfather executed GPA CUM AFFIDAVIT and his 5 sons witnessed it by signing GPA because at that time govt stopped registration and in the same year we constructed a house on that property .In 2006 my father expired now my grandfather&his sons refusing to execute sale deed through registration from last 14years we are having possession of the property now the question is what is the right way to get better title over the property,or it cause any trouble to us.
Adv.R.P.Chugh
(Expert) 16 May 2012
Dear Querist,
How did your maternal grandfather got the property in the first place is the germane question here.
If it was ancestral - then merely signing or witnessing by his 5- sons won't do - it has to be by way of registered reliquishment deed. If that was not done you have interest only as regards maternal grandfather's own share i.e 1/7th or so.
If it was a seperate property of maternal grandfather - he could pass a full title - in this case the terms of GPA cum affidavit that you talk about would become important to see to comment any further.
ajay sethi
(Expert) 16 May 2012
gpa was executed by grand father in favour of your father . on your father dseath power of attorney has no value . you dont have legal title on said property .
by the way why did govt stop registration ?
if your grand father is still alive pay some consideration and have proper gift deed be executed by grand father in favour of your mother being his duaghter. i presume it wass elf acquired property of grandfather
consult a local lawyer .
Nadeem Qureshi
(Expert) 17 May 2012
Dear Querist
I agree with Mr. sethi
Shonee Kapoor
(Expert) 17 May 2012
I agree with Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498@gmail.com
