Gpa from son to father and daughter selling ancestral property

Guruswamy Basavaiah (Querist) 21 October 2014 This query is : Resolved
I am purchasing a plot from a newly developed layout. The layout is developed over land belonging to two person. They are brother and sister. This is their ancestral property and the partition papers are registered.

Brother as two children and children have given GPA to their father over 200Rs stamp paper and its notarized.
And sister have children and they are not coming for the registration.

Questions:
1) In the first case, if the GPA done from sons to father with 200Rs stamp paper and notarized is enough for registration or the GPA needs to be registered ? (Developer says, for near blood relation this should be enough.)

2) Do the sister's children need to give NOC for the sale of sister property. ? (Developer says property came from partition to daughters is not ancestral property, hence children NOC is not required.)

Thanks in advance.

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Advocate M.Bhadra (Expert) 21 October 2014
First note that in order to clarify your doubts with regard to nature of the property in question if it is Ancestral Hindu Family Property or Self Acquired Property their Grand Father. When you say it was their Grand Father's property that itself doesn't mean it is Ancestral property.

In this situation GPA by the sons or daughter is not required.

In order to qualify any property the test to be identified as Ancestral property it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property.

In this situation GPA is required but it should be registered not notarized.

Rajendra K Goyal (Expert) 21 October 2014
Partition papers are registered, partition with whom and how?

You have to confirm whether the property fulfills the definition of or ancestral property ?

GPA need be registered.

ajay sethi (Expert) 21 October 2014
what bais you say property is ancestral .

further power of attorney to sell property needs to be registered . mere notarisation is not sufficient .

noc from sister children is not required if registered deed of partition has been executed . it is better you contact a local lawyer before taking any decision

Devajyoti Barman (Expert) 21 October 2014
agree with experts.

Guruswamy Basavaiah (Querist) 21 October 2014
The property is purchased by grand father of the current seller. (Brother and sister.)

Grand father (Actual purchaser of the land)
|
Son
|
Son Daughter
|
2 Son's.

Now the grandson is selling the property with 200Rs Stamp paper notarized GPA from his 2 son's. IS this GPA valid for sale of immovable property. (2 son's are residing in some other country now.)

P. Venu (Expert) 21 October 2014
At present who is (are) holding the property?

T. Kalaiselvan, Advocate (Expert) 22 October 2014
The property as per your latest clarification is not ancestral in nature. It was the self acquired property of the grandfather of the present title holders. Under the given situation, neither NOC nor a GPA deed is required by the vendors to sell the property. The GPA given by two children to their father is unnecessary, ask them to go with the execution of sale deed without this, because if this is shown, then it has to be registered.