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Ancestral property doubt

Page no : 2

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     15 December 2015

How GPA crept in between unknown.  Its not void.  The sale must have been for a valid consideration.  The buyer can pray condonation of delay as to why the seller has not performed his part in spite of buyers demands, if any.  The seller can file specific performance suit to register the scheduled property.

naveenraj jain (proprietor)     19 December 2015

GPA is merely to act on behalf of the owner and does not confer any title to the buyer. Also the said GPA loses its importance once the mentioned activities in the said GPA are performed during the existence( alive) of the owner and not after the death of the owner. In true terms the ownership never gets transfered at all if only GPA is executed and there is no transfer by the GPA holder in favor of others during the lifetime of the owner. It rests with the owner itself.

T. Kalaiselvan, Advocate (Advocate)     23 December 2015

The buyer seems to have purchased the property by paying full consideration but instead of getting a registered sale deed executed in his favor, he has simply got a GPA deed on his name.  This has been a routine practice of many people in Bangalore and surroundings for a very long time.  However this GPA do not confer title on the buyer. But the GPA can sell the property unto himself as a vendor to the seller and it is valid, So he need not take the consent of  the original vendor but the hidden danger is that the registrar would ask him to signature of the original owner now to confirm that he is alive.

For claiming ancestral property share, the minor should have done it within three years from the date of becoming major by age. 


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