Transfer of Title
Varun
(Querist) 23 November 2017
This query is : Resolved
1) Mr A had purchased a piece of land in the year 1962 through sale deed registered in the office of registrar.
2) Mr A died in 1966 and his spouse also died in 1977 leaving behind the following legal heirs:
Mr X
Mr Y
Mr Z
3) Mr Z relinquished his share in 2000 in favor of Mr Y through RD registered in the office of registrar.
4) Mr X and Mr Y divided their share in 2000 and made partition deed duly registered in the office of registrar.
5) Mr Y constructed a builidng on his portion of land and sold one flat to Mrs N in 2000 for which no registered sale deed was executed.
6) Documents executed between Mr Y and Mrs N for such transaction are:
-Duly registered GPA
-Duly registered Will
- Notarized agreement to sell
- Notarized affidavit
- Notarized possession letter
- Notarized payment reciept (all the payment is made through cheque)
7) Now, Mr V has approached Mrs N to purchased the said flat.
- If Mrs N executes a sale deed in favor of Mr V, will it be a legal tranfer of right/title (GPA principal has also died)
- If Mrs N executes sale deed in her favour acting as vendor (on behalf of GPA principal) as well as vendee (based on the documents executed and payment made by her), will it be a legal transfer of right/title, before selling the flat to intending purchaser Mr V.
Please note that GPA was executed before the judgement of Supreme Court (Suraj Lamp) and GPA was executed by the Principal for his monetary benefits only.
Kindly guide.
Varun
(Querist) 23 November 2017
I once again request the experts to guide me.
Vijay Raj Mahajan
(Expert) 23 November 2017
GPA comes to an end on the death of the Principal Mr Y so that is simply waste paper, however if the Will is made in favour of the Agent Mrs N by Mr Y with regard to the property, than the Will should be first probated from the Civil Court and made executable. After that the Mrs N will need to first pay Stamp Duty for getting the Flat in her name. Likewise Mr V will pay the Stamp Duty for the registration of the property being purchased from Mrs N.
Varun
(Querist) 23 November 2017
Thank you sir. For probating the will, legal heirs need to be present before the court which is not possible as only legal heir is in abroad, also probating of will is a lengthy process. In case the GPA principal was alive, whether the GPA holder can execute sale deed in favor of intending purchaser ?
Kumar Doab
(Expert) 23 November 2017
Generically speaking GPA is dead with death of principal.
GPA; You may show the said GPA to a very able LOCAL counsel of unshakable repute and integrity specializing in such/civil/testamentary matters and having successful track record, for a considered opinion..............
Kumar Doab
(Expert) 23 November 2017
WILL; As per post the Agent may not be stranger.
It is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras..........
In other areas it is not mandatory to probate the WILL.
Kumar Doab
(Expert) 23 November 2017
The authority say; MC, under whose jurisdiction property falls has set procedure for matters of inheritance/succession and related forms/procedures is available in O/o Authority and even on its website;
-Intestate Succession (when deceased owner has not left any valid WILL)
-Testate Succession (when deceased owner has left a valid WILL)
The certified copy of WILL, death certificate, legal heir certificate/affidavit (per local precedence) is basic requirements…..
Check locally in O/o Authority under whose jurisdiction property falls and complete the procedure.
The authority may ask for NOC of legal heirs and/or advt in newspaper(s) and/or writing to legal heirs asking to submit objections if any within set time to act upon the WILL without any cloud on it.............
If the WILL is contested in lands up in probate court of pecuniary jurisdiction.........
The probate court shall follow the procedure for such matters and decide.
The details might b available at website of jurisdictional HC.
Varun
(Querist) 23 November 2017
Sir thank you very much. I am aware that after the death of principal GPA becomeas null and void. As per the draft prepared, it is mandatory to mention "Principal of the GPA is still alive and has not revoked the same dill date" in sale deed which is to be executed between GPA holder and intending purchaser. There is no need for the GPA Principal to present himself before the court while his attorney i.e. GPA holder executes the sale deed in the capacity of Vendor. I have consulted with many adcocates and it was told that since the GPA is registered and other supporting documents like will, ATS, possession letter, payment reciept are there, it may be considered as a complete transaction but the negative aspect is the GPA holder has not paid the stamp duty to the revenue authority. Some of the advocates has suggested to get the sale deed done in the name of the GPA holder first. So im looking for more suggestion from the experts to take a decision accordingly. Once again thanks to all the seniors who have responded.
Varun
(Querist) 23 November 2017
Kumar Doab sir, the property is located in Delhi and the GPA principal and GPA holder are not blood relatives. GPA principal had sold the flat to third party for his monetary benefits and the same is clearly mentioned in the docuemnts. The will also states that the after the death of testator his right in the said property be acquired/possessed and inherrited by the exevutor who may get the same muted/substituted in the records of authority. It is also mentioNed that it is his first and last will in respect of the said flat. Moreover the ATS executed was IRREVOCABLE.
Kumar Doab
(Expert) 23 November 2017
If legal heirs of Principle agree to sign sale deed in favor of agent they may also agree to sign transfer on the strength of NOC to WILL........
Or the authority may agree to act if NO objections are raised in set time.....
Check the procedure/process of authority .......................
Kumar Doab
(Expert) 23 November 2017
It is vaguely remembered in an old matter the authority had written to legal heirs to submit objections within...............time..
Varun
(Querist) 23 November 2017
Thank you kumar Doab sir.
Vijay Raj Mahajan
(Expert) 24 November 2017
Whichever advocates in Delhi suggested you registered GPA and other documents are complete will be considered complete transaction are just making fool of you. These rascals are sitting outside various courts, God knows even if these advocates hold valid law degrees or just became lawyers with forged or bogus degree of law. The very fact the Principal is dead, GPA is null and void piece of paper. The Will is valid and can be executed. There is no where laid down that for probation of Will each ever heir of the deceased has to be present in court. The civil court will issue notice to living heirs, go for newspaper publication for general public information and objection if any. If none appears on the fixed date the civil court moves ahead and probate the Will . Now even if those relatives of the original owner/the principal are living outside India are neither appearing in person or through counsel on their power of attorney the court will not keep of waiting for them for unlimited period. The fact if you are interested to buy this flat, you need to be clear with the title of the immovable property, namely the flat, if the titles are not in the name of the seller to whom you make payment than it will be big loss for you. This woman had throughout these years in order to save Stamp Duty to be paid to the government did not get the property transferred in her name cannot be awarded by you by making payment to her for flat which is not even in her name. Till the Will get probated, the flat is transferred in her name she is not owner of the flat and cannot sell it, if she does so she will be committing the offence of cheating, Let her go to civil court, spend money for probation of Will, than get the flat transferred to her name by paying stamp duty after that she becomes eligible for selling the flat as its real owner,
Kumar Doab
(Expert) 24 November 2017
You are welcome...............
Kumar Doab
(Expert) 24 November 2017
Dear LCI Querist @ Varun,
You have posted ATS executed was irrevocable.
Did you by any means wanted to post PoA was/is irrevocable?
Kumar Doab
(Expert) 24 November 2017
Also check if legal heirs are inclined to help to act upon the WILL without any cloud on it.
Varun
(Querist) 24 November 2017
Vijar Sir thank you. One more clarification pls. If the GPA principal and GPA holder are not known to each other. In other words, the GPA principal has executed GPA for monetary benefits in favor of GPA holder. Now, the GPA holder does not know if the GPA principal is alive or not. Whether the GPA holder can get the registry done in his name ?
Kumar Doab
(Expert) 24 November 2017
The agent has to maintain the trust of principle.
Varun
(Querist) 24 November 2017
Kumar Doab sir, only ATS has the word "irrevocable" mentioned on it.
Varun
(Querist) 24 November 2017
"The agent has to maintaim the trust of principle" pls ellaborate @ Kumar Doab Sir.
Vijay Raj Mahajan
(Expert) 25 November 2017
Whether the agent has knowledge of death of principal or not, or to say even if the agent not knowing the principal at all, all this if get exposed will show fraud on the part of agent. Agent is supposed to know the principal and work under his instructions and if the principal is dead the agency comes to end at that very moment. This basic principle for relationship between them and GPA is based on this principle only.
Vijay Raj Mahajan
(Expert) 25 November 2017
Whether the agent has knowledge of death of principal or not, or to say even if the agent not knowing the principal at all, all this if get exposed will show fraud on the part of agent. Agent is supposed to know the principal and work under his instructions and if the principal is dead the agency comes to end at that very moment. This basic principle for relationship between them and GPA is based on this principle only.
