Father's credit


Hi, 

My father owned agricultural land. This land was bought from 4 brothers via power of attorney. Out of 4 bothers 2 have given their GPA to my father and their children has also given the affidavits in favour of my father. 

1. Due to dispute between my father and his 2 brothers. My uncle met the original owner and got their affidivatis that they have not given GPA to my father. now the case is running for entering my father's name in the legal documents. 

2. My father has sold the land to couple of people and got money. There are people who have paid some money (not complete per agreement) and have possession on more land then they are entitiled to. There are people who have paid money and doesn't have any possession and cases are running in court. there are few poeple who have paid money and doesn't have possession no cases are running. 

3. As the case is running to enter my father's name in the legal documents should i be party to it. if i become party, my fear is people will start following me for money which my father got after doing the sale agreement

4. I also owns a flat in the nearby area. the flat was bought on my name and all the money was paid after taking the loan from bank and i'm paying the installment from my salary from last 10 year. Can these people who has got the agreement from my dad file cases against the legal heirs or take illegal possession on my flat. 

5. How should i handle these people who have started calling me for their money. i have not get anything inherited from my father

My Father expired a month back. Please suggest what should i do in above problems.

Please advise.

 
Reply   
 

After the demise of your father all the legal heirs of your father shall be bought on record under order 23 CPC and for bringing the legal heirs on record, the plaintiff shall be required to file necessary application within 90 days from the date of death of your father. For rest the court cases are required to be examined in order to render any advise. However, your liability is limited to the value of property inherited by you, if any, from your father. Sidharth 9811776422

 
Reply   
 


FIN

It is believed that you are all Hindu.

Is said GPA registered?

Confirm!

 
Reply   
 
FIN

 

GPA: The agent has to maintain the trust of principle.

So the agent has to act in accordance within the powers vested vide GPA and maintain the trust of Principle.

The land is 4 owners but only 2 out of 4 owners as per your post, have signed the GPA.

This might be a defect.

The GPA (or whatever it is) might not vest ownership in agent.

The GPA might be dead with death of principle/agent. Thereafter your father might not be able to use the GPA.

 
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FIN

The legal heirs of the principles have questioned the GPA hence it needs to be established the GPAs valid and agent acted in accordance with powers vested vide (valid) GPA.  

The whole case file may including but not limited to the land ownership documents and GPA and other inputs may be shown to a very able senior LOCAL counsel specializing in Revenue/Civil matters and having successful track record  for a considered opinion.

 

 
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FIN

The person that has not paid money should not have been allowed to have possession/ownership. Here also once again the said GPA and actions of your father; say any agreement signed and receipts (of money collected, given possessing) should be examined.

Therefore  whole case file may including but not limited to the land ownership documents and GPA and other inputs may be shown to a very able senior LOCAL counsel specializing in Revenue/Civil matters and having successful track record, for a considered opinion.

 

 
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FIN

The creditors if any may proceed against the agent and attempt to recover from estate left by agent (your father) and/or inherited by legal heirs (including you).

The facts of the matter may enable the creditors/principle etc to proceed against legal heirs.

 

Who paid for the purchase of flat (including but not limited to advance/margin money)?

If your father did not pay for it (by irrefutable/established record) you may be able to save the said flat.

 

Therefore  whole case file may including but not limited to the land ownership documents and GPA and other inputs may be shown to a very able senior LOCAL counsel specializing in Revenue/Civil matters and having successful track record for a considered opinion.

 
Reply   
 

Yes Sir we are all Hindu. are there are different laws in Hindu. can the borrowers file criminal cases against legal heirs

Yes the GPA is registed but the one who gave GPA is no more. 

 
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Sir, my father and the one who gave GPA both parties are no more, in this case can the borrowers file cases again us as being legal heirs. 

Are there any deeds using which i can save female members of the family and i solely become responsible for any dispute or cases..

 
Reply   
 

Sir I paid for the flat after taking a loan from the bank only 5% (approx 2 lacks was paid in cash and the remaining was all loan and i'm paying the EMI's through my salary account)

though my father took money but we legal heirs has not made any sign, or are gauranteer in any of the agreement will we still be liable.

also what if i do not pursue the case of GPA which my father filed.

 
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