Dr J C Vashista (Advocate) 08 August 2021
Originally posted by : Pallavi | ||
In 2007,my maternal grandmother, her son (my uncle), me(minor) had given GPA to a person.. my mom passed away(2004) but my dad is alive.. 1. can my grandmother sign instead of me since I'm minor though my natural guardian (dad) is alive ? 2. Me and my uncle are legal heirs .. we are also mentioned along with my grandmother(owner) while giving a GPA to other person.. my uncle passed away in 2012.. what will be the status of GPA ? Does the GPA holder has power yet ? |
Being a minor you are incompetent to execute a GPA hence such a document (even if executed) is invalid.
G.L.N. Prasad (Retired employee.) 08 August 2021
What is your exact problem and it is clear that GPA is not the issue? Your grandmother has signed in her capacity as guardian for the minor. When your uncle has expired in 2012, the GPA even if valid ceases to exist. Now we are in 2021- What is the exact issue involved with GPA, Why it is given , who has taken GPA, what are the powers given to attorneys through GPA?
G.L.N. Prasad (Retired employee.) 08 August 2021
You need not flog a dead horse to make it run. When GPA is itself invalid why you are hanging on a document without any legal validity ? Come out with the actual issue. You do not like to provide relevant facts and provided inputs and repeating your queries without reading the replies. Your mother expired in 2004 and you must have been more than 18 years, what is that you have been doing after minority about the GPA. Was there any written correspondence or some other type of agreement between you and the GPA holder after you became a major? What is that GPA which was existing since 2007.
1. It was dead, no need to cancel. 2.GPA is not valid after your uncle's death unless it was given for a value 3.You can not kill that snake that was already dead. When it was invalid there is no need for canceling. 4.What are the powers given to him in GPA can only be exercised. It appears that you are hiding material facts. To me, it appears that land was sold to the developer on a GPA agreement, and now you wanted to go back on such GPA (maybe increased value of land) and hunting legally valid reasons to challenge that GPA holder which might have acquired for a value and paid advance.
MsX - owner of the property
Ms.Y - grand daughter of owner (minor -10 yrs)(late mom is d/o owner)
Mr.Z - son of owner
* In 2007, we (X,Y,Z) had given GPA to mr.A
* ms.X has signed as guardian to minor ms.Y (dad is alive)
* He didn't use the the power of GPA till 2020
*But Mr.A allowed to build houses without documents + 5 sites were empty
**EC, pahani is all in ms.X name
*In 2012, mr.Z died
**House owners requested us to help to get legal docs
*X and Y cancelled GPA at sub registrar without notice
**On jul 22, 2021 , we registered the sketched sites to house owners as sale deed + 5 empty sites were registered as relinquished deed to ms.Y and mr.C (husband of X)
*Mr.A came to knew about the cancellation of GPA and then
**25th jul , mr.X given false complaint abt the GPA cancellation.
So, mr.X already knows abt cancellation.
*In 2021, ms.Y is 24yrs and we haven't done any register to mr.X
*On 30 jul,2021 he registered the GPA to himself
**On 2nd aug, 2021, he had given agreement to mr.B
G.L.N. Prasad (Retired employee.) 08 August 2021
Everything appears as fishy and the queriest is having double standards. This property belongs to maternal grandfather, and grandmother signed as guardian, to protect the property for the minor, The minor is aware of all these transactions and cancels the GPA with her/her grandmother, and now questions the grandmother's signature for him as guardian when father is alive. The facts are not convincing, but confusing and contradictory.
Ex: MsX - owner of the property. *EC, pahani is all in ms.X name X and Y cancelled GPA at sub registrar without notice. mr.X given false complaint abt the GPA cancellation. So, mr.X already knows abt cancellation. *In 2021, ms.Y is 24yrs and we haven't done any register to mr.X
The minor might be 24 years old now and born around 1997 and attained majority in 2005 and never challenged the GPA of 2007 and even canceled the GPA admitting such execution after the death of z. Nowhere in spite of several queries mentions the purpose of GPA and whether it is backed by value..
Please contact a local advocate.
Go through your first post and last post and the presumption is that you are well aware of the law and facts also as all your actions disclose that was done under the proper guidance of a legal professional.
Dr J C Vashista (Advocate) 09 August 2021
It would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
P. Venu (Advocate) 09 August 2021
Admittedly, the property belongs to the grandmother. How come the son and the granddaughter also signed the GPA?
G.L.N. Prasad (Retired employee.) 09 August 2021
The queriest remained silent and always raises the issue that her GM has signed GPA for the minor, when the father is living and how she has canceled the GPA and whether GPA was given for value was nowhere stated. What are the rights of this granddaughter when GM was living is not stated? It appears that the property really belonged to maternal grandfather, hence grandmother, as guardian of the granddaughter when her mother expired and her maternal uncle signed GPA. Later Granddaughter canceled the GPA with the registrar and now her query after the cancelation of GPA is that how her GM has signed as guardian in GPA when her father was living and how GPA holder can exercise the rights and register the property in his own name after cancelation by the granddaughter and she is questing all these a the age of 24years when the GPA was of 2007.
The granddaughter has canceled the GPA, registered some properties and all these might have been done through legal assistance earlier.