My father purchased the plot on lease from original alottee in the year 1987. My father was a GPA holder and mother was SPA holder along with the Will given by original allotee in favour of my father and if he pre-deceases then, my mother and children would be the legal heirs. Then, my father constructed a 3 storey house on that plot. The administration at that time had a rule that the same propoerty can be got transfered in the name of GPA holder only after 15 years. In the year 2004, my father decided to sell the same house and entered into sale agreement with a property dealer for sale of house. The time given to property dealer for final payment was three months. Few days before three months, the property dealer came with a request to give him extension for another 3  months as he could not arrange the full and final payment. To this, my father refused and said that the last date is final and he should come with the payment. The property dealer never came with a payment and instead filed a civil suit in the court stating that my father (seller) backed out from the sale of house, hence he should be compensated with double the biana or posession of house called "specific performance suit". The civil suit is going on since last 08 yeras. In these years, my father expired and recently, the original alottee has also expired. The property delaer has submitted an application in the court requesting that SPA holder i.e. my mother should submit the death certificate of the original allottee along with his leagl heirs. Now, we have got the will of the original allotee as mentioned above. Now i want to know:

1. What would be legal complications of submitting or not submitting the death certificate? 

2. We donot have any contact with original allotee since 198, how can we procure death certificate?

3. How can we obtain his death certiifcate?

4. Can we transfer the property in the name of legal heirs of GPA Holder as GPA Holder is legal heir of original allotee?

HI,  There  is lot of  confusion to be clarified.   Pls let me know  where is this property situated.,   Which law u r referring to saying that only after 15 years the GPA holder will get the transfer of the property.   First of all as  I see this case  there is no valid  transfer of  property in your father name.   As per  the   WILL  is  concerned, give me more details on when the Executor of the WILL  expired  was  it registered  WILL. etc..      ONly  after  detailed study  of the case,    I think  we  will be  able to come to some conclusion and guide you how to go about  the  next course....   U can feel free  to  contact me on  sohan1912@rediffmail.com  or on 9845285555 in Bangalore and discuss  the matter in details....

Hi Experts,

I had bought a piece of land (2.5 cothas) for about 10 yrs ago, and paid all sums due to the vendor; but  did not Register the said land (due to finance problems), nor there is any Agreement for Sale, or any other agreement for that matter. All evidence that I have is payments made to the vendor through cheques.

What remedy I should seek, to ensure that I'm not cheated in the future.

I'm still not financially sound to register the land, Can a Agreement for Sale of Land be made from back date when I purchased land in 2000?

I want to ensure that my son (currently 25 yrs) faces no problem in claiming the ownership of the land.

Please guide. 

HI  MATULYA,      What  kind of  transaction is this.      Firstly there is no valid transfer of title in your name.  As per your  writings   the title of the property is still in the original / old owners name.    Forget your son , not even you can claim that  the  property  is yours.        All  I suggest you is  make a  Absolute Sale Deed in your name,  and get it  registered in your name , change the  Khatha in your name and ensure the EC is reflecting this transaction and also start paying taxes regularly and  MOST IMPORTANTLY  TAKE  POSSESSION  OF  THE PROPERTY.      NO  LAW CAN STAND BY YOU   when there is no document evidence in your name.   You cannot enforce your  rights  even though  you have  settled  full amount  towards  buying  the property.      NO money  for  paying registration is no excuse in law.   ACT  FAST  BEFORE  the original owner takes  possession  of  the property......   For any clarification you can  contact me on sohan1912@rediffmail.com or on 9845285555 in  Bangalore.     God  BLess YOu. 

Sir,