selling of property

REgd., GPA is more value than unregd., GPA. Regd. GPA does not transfer the ownership to the purchaser if there is no rights have been given to the GPA holder to sell the property. If GPA holder has got right to sell the property thru., GPA then he can execute the regd., sale deed in the name of purchaser. If there is will and legal heirs have got right then they may sell it. If the property is self acquired property of a person and property sold by the GPA before the execution of will then the sale is valid. If it is ancestral property then sale can be challenged.

01.  Father means a person having children (legitimate or not = immaterial)
 

 

02.  Children derive automatic inheirtance rights under the HSAct, over his ancestors property.
        Children means ancestors children.
 

 

03.  Father is not "rightful owner" of  "inherited"  ancestors property (legacy)

 

04.  Father holds ancestors property, only for usage and as a custodian of his ancestors childrens.
 

 

05.  However   "ANCESTORS CHILDRENS"   have automatic "ownership" of his ancestors property, whether the father likes it or not.  (Subject to various parameters)

 

06.  HOWEVER,  if there are no Legal Heirs left (as described in "Class", under the HSAct), a person (successor last in-line),  MAY dispose off his ancestral, as he wishes to.

 

 

NOW :
07.  IF the father is not the "rightful owner" of his ancestors property, he cannot gift /sell /dispose off the ancestors property.

 

08.  IF the father is  ONLY a custodian of his ancestral property,  THEN the father is BOUND to pass on the legacy to his ancestors children (i.e. his childrens),  that is his carry-forward custodians.

 

09.   IT IS IMMATERIAL  IF THE PROPERTY  "BUYER"  PERSON IS HIS OWN SON (ancestors children).   The  simple thing to introspect is  "Ancestors property CANNOT be   "Sold"   to ANYBODY, including his own sons / legal heirs".

 

 

FURTHER :
10.  IF a boozed father (seller) somehow hallucinates about the ownership of the property AND MANAGES TO SELL IT,  then he automatically becomes liable for prosecution under various laws, subject to the wishes of his ancestors childrens.

 

11.  The new owner (buyer)  can be left holding the  so called   "Sale Deed",  which shall be void, as far as the sellers ancestral "property" is concerned.

 

12.  The new owner (buyer) can file  "TIME-CONSUMING"  prosecution against the seller, under various laws, depending on buyers financial capacity, to recover his money (BUT NOT THE PROPERTY).

 

13.  The father's children (now call it as ancestors children) can simply sit back and enjoy the show, from inside their own ancestral property (and in some probabilities with the same money which their father has appropriated from the sale proceeds of the said property,  (hic...burrp...)).

 

HOWEVER, in exceptional cases, under certain circumstances, using various parameters,  a ancestral Custodian (father) MAY dispose off his ancestral properties without anybody's consent

 

QUESTION OF   "PROPER & REGISTERED   SALE-DEED" :

 

01.  You may make a  "proper & Registered  sale-deed",  even for Taj-Mahal or for that matter your neigbours flat or anything in India.   BUT that does not give it any legal importance (value),  IF the property does not belong to you.

 

02.  The state district sub-registrar,  (under the Registration Act)  is  "NOT"  within his jurisdiction to  verify the "rightful ownership or title or possession" of the  property deeds (sale/purchase deeds).   He is concerned with only certain parameters under the Registration Act  AND MORE PRIMARILY TO HIS  "REGISTRATION FEE"  and the respective State-Stamp-Duties).

 

03.  Under the Contract Act,  a sale deed requires only two persons  i.e.  a Seller and a Buyer.

 

04.  A sale deed is a piece of paper, duly stamped and registered,  BUT IT DOES NOT GIVE YOU  "RIGHTFUL  OWNERSHIP" .OR.   "TITLE"  .OR.   "POSSESSION",  TILL  APPROPRIATE AUTHORITIES HAVE  "DULY"  TRANSFERRED THE PROPERTY IN YOUR NAME,  THAT TOO   " A F T E R"   FOLLOWING DUE PROCESS OF LAW.

 

05.  The sub-registrar  is CERTAINLY   "N O T"  the authority to give you  "rightful ownership"  or  "title"  or  "possession"   or   "transfer"   the said properties in your name.

 

06.  Registering a Sale-Deed,  does not infer upon you ANY rights pertaining to the property,  "TILL"  appropriate authorities have  "duly"  transferred the property in your name,   that too   "AFTER"    following due process of law,  which involves,  transfer fees, clearance of outstandings, clearance of outstanding taxes, statutory NOC's,  indeminity bonds, under-takings and so on.

 

06.  Till all of the above is duly done,  the Sale-Deed is a scrap of paper,  which can certainly be capitalised at the local channa-singh'wala   OR  can be capitalised with the Dawood'BHAI  Company,  which is typically being done in many chronic property cases, in Mumbai.

My father developed illegal relationshipat the age of 17 with the concubine of his teacher along with another co student and drove the teacher away from his house. Later my father married my mother at the age of 21 and inflicted inhuman torture on his wife and 3 sons by forcing us to stay in a red light area until we reached 40 years. Now he is 82 and continuing with same vengence and cruelty to his wife and children. All 3 of us are living away from him with out going to court.Recently my mother who is a diabetic and 80  broke her leg. He didn't spend even a rupee though he is worth about 15 crores worth of properies out of which he gets Rs 5 lakhs/ every year. He didn't part with even a rupee till now through out his life and thinks that everything is meant for him. What  solution do our time consuming laws offer in such a scenario?