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Chandrashekhar Vithal Jadhav & (Advocate)     08 July 2018

Sale Deed

A is a Land owner and he was appointed B as his GPA holder and he (A) was sold the property to him (B) along with given possession by taken sale consideration in the year 1992. Thereafter B was sold to C absence of A. C was sold to D. Now A's legal heirs claim their share as ancestral of them. D has filed civil suit for declaration as absolute owner.My question is 1 . what is the validity of GPA Sale (but this transaction is genuine one). 2. what is the validity of B, C, D sale transactions. 3. Can succeed the legal heirs of A?. 4. D has succeed the suit in his favour as absolute owner? ... kindly describe in detail along with relevant citations infavour of D. Thanks in advance.


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 2 Replies

Kumar Doab (FIN)     08 July 2018

Originally posted by : Chandrashekhar Vithal Jadhav
A is a Land owner and he was appointed B as his GPA holder and he (A) was sold the property to him (B) along with given possession by taken sale consideration in the year 1992. Thereafter B was sold to C absence of A. C was sold to D. Now A's legal heirs claim their share as ancestral of them. D has filed civil suit for declaration as absolute owner.My question is 1 . what is the validity of GPA Sale (but this transaction is genuine one). 2. what is the validity of B, C, D sale transactions. 3. Can succeed the legal heirs of A?. 4. D has succeed the suit in his favour as absolute owner? ... kindly describe in detail along with relevant citations infavour of D. Thanks in advance.

As per query A signed GPA in favor of B and also sold to him.

If B disposed on the basis of valid GPA vesting power to sell then the sale by B may be valid.

If B disposed on the basis of sale deed in his favor then the sale by B may be valid.

The legal heirs of A are agitating claiming the property to be of ancestral in nature and thus their share.

Is this property ancestral in nature? Has your lawyer conclude that property is indeed ancestral?

Which personal law applies in case of A and legal heirs?

Are all of them Hindu?

Kumar Doab (FIN)     08 July 2018

Approach your lawyer or get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt and show all documents related to the matter.

Since matter has landed up in court of law the court shall lift the veil and decide on facts and merits.

Proceed under expert advice of a very able counsel as already suggested.


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