Anonymous
04 May 2020 at 17:58
My grandfather made a registered will in the year 1949 dividing the whole kothi between his three sons giving them the share ..measuring inch by inch..H mentioned his sons names along with the share described in the will. He wrote that his all 3 sons will have the right to live and enjoy their life in their respective shares written in the will but do not have the power to sell their share to anyone , After the death of his sons His grandsons will become the absolute owners of their fathers shares as mentioned in the will .The time the will came into existence None of the grandsons were born .It was only after the death of the grandfather the grandsons came in this world.
From 1949 to till date that registered will none of the sons thought of getting the will probated through court ..from 1998 legal battle between the three grandsons came up in court and is still gone on ..and it is in evidence stage and a stay had been gone on since them and court ordered a status quo in it .
Now except me all the grandsons are already dead and their LRs are being impleaded as the party to the suit ..
The property still is in the name of my grandfather ..the grandsons are giving power of attorney to landmafia to sell the land but as there is a status quo only they could do was an agreement to sale ..
MY QUESTION IS ..As per the law without getting the registered will of the grandfather probated through court can the grandsons become the owners of that property?
Hope to have some intelluctual answers to my question and hope the learned counsels could advice me what to do?
Anonymous
04 May 2020 at 13:28
Irrevocable GPA executed for consideration - section 202 of Indian Contract Act
My Queries
1. If the POA/GPA has been executed with consideration, then on the basic principles of the elements of a contract namely offer, acceptance and consideration, the POA essentially becomes a contract and legally enforceable. That’s why the POA is also mentioned in sec 202 of the Contract Act. Is this view correct?
2. Some interest/right in an immovable property has been conveyed to any party through this GPA/POA, then that party must seek enforcement of that legal right (may be through execution of a sale deed, partition, sub-division, declaration of title or even filing a suit against the grantor of the GPA who may have sold that property to someone else or might created some other interest in the said property or the legal heirs of the grantor may create some problems for the grantee of the GPA) under the Specific Relief Act to make his title in the said property secure. The time limit for these kinds of actions is 12 years as per the Limitation Act. Of course the limitation period starts running from the date when an adversarial effect comes into picture.
3. Suppose that party does nothing to enforce his right on the said property through the GPA/POA for 12 years, then his right is unenforceable.
4. Under sec 27 of the Limitation Act, that right also gets extinguished.
5. So, generally the validity of a GPA/POA is only 12 years in case of any transfer of any right in any immovable property coupled with consideration. Is my conclusion right?
6. Therefore, in the case of above mentioned GPA/POA, the validity period should at the best be reckoned as 12 years only?
Anonymous
01 May 2020 at 06:17
I have a grandfather property in bareilly which he through registered will gave it to his sons mentioning their names & distributing it among them..some area of the land was declared common to all sons..He specially said that my sons cant sell the property during the time they are alive but after their death my grandsons will be the absolute owners of the property & can sell his share on the condition that if anyone wants to sell his share he will have to give 1st preference to his other cousions brothers.The middle cousions filed a civil suit in 1998 praying in the court that the elder & the younger is trying to sell it to local land mafias & they should be stopped..Court granted the stay & its being extended on every date..till now In 2006 under pressure by local mafias I gave a registered POA from uttranchal which i cancelled it in june 2019. they also took a notarized agreement to sale also mentioning that if i do not get the cases fnished & get the registry done with a period of one year they will get it from the court ..
My questions are 1.) As the supreme court order regarding the POA came into effect in 2011..but could he get the property transfer in his own name between the year 2006 to 2010..? can he sell it to a third party.when the case is pending & there is a stay order in effect since 1998? 2) can he get the registry done on the basis of special performance act through court on that notarized agreement to sale ? Kindly brief me up in this matter i will be obliged
Anonymous
29 April 2020 at 21:34
Dear Sir,
Our property showing BDA name in RTC. is there any problem with that ? or BDA will come to acquire this land (approximate 5 to 6 acre land) if they going to acquire, they will give the compensation ?
please suggest
AMAR NATH DUBEY
26 April 2020 at 19:17
Sir, mere nana jee ki char ladkiya thi. Mere nana jee ki ek jamin thi jise unhone mujhe aur mere chacha ko ek sale deed ke jariye 2005 me bainama kiya tha. us bainame me pratifal 300000 likha gaya hai. jab bainama hua tha tab meri umra 14 warsh ki thi isliliye bainama mere naam se tha parantu photo aur signature mere father ka tha. bad me mujhe pata chala ki nana jee mere chaha ko bainama nahi karana chahate the unse kisi majboori me karwaya gaya tha.
Yah ki maine ek mansukhi file kiya ki mere nana jee mujhe jamin hibba ke dwara tfr karane aaye the jabki unse dhokhe se hibba ke jagah bainama karwa liya gaya aur ye 300000 ka pratifal galat likha gaya hai kisi partifal ka aadan pradan nahi hua tha kyo ki nana hibba karne wale the.
mere nana ki death 2012 me ho gai aur maine ye mukadama 2015 me file kiya hai.
Ab mai aapse yah janana chahat hu ki kya meri mousi log mere is mukadame ko aadhar ban kar kah sakti hai ki bainama pratifal ke bina tha isliye wo void hona chahiye aur sabhi bahano ka naam chadhana chaiye.
Please reply.
Anonymous
26 April 2020 at 16:05
Property through unregistered will is said to be given to my sister she stayed with my mother(testator of will) in the said property and presently she was in enjoyment, my mother died in 2016, I challenged will in court that her age is around 80 and testator was not in hale and healthy condition submitted medical report issued by goverment hospital. Is this proof is sufficient to challenge unregistered will.
Anonymous
26 April 2020 at 12:26
Dear sir,
If a house 120 sq yards to be shared among 5 legal heirs how it will be shared as per partition law in which 4 are sisters and one is brother is a 4th legar heir
Anonymous
19 April 2020 at 16:53
we have a old family house situated in moradabad district uttar pradesh. AS the property was of my great grand father and after his death its become my grand father's property. my grand father made a bill in which he divided equal part to his both sons, my father and my uncle in which my uncle's portion was made 2 storied but our side was not made.My father by his own expenses of sweat and blood made our side of hour 2 storied well furnished now recently my father passed away and my grand father is planning to change his bill and want to sell whole house and part the value equally to me and my uncle even value of our side of portion is higher than my uncle. i want to ask can i claim to my grandfather for this?
Anonymous
16 April 2020 at 20:17
I am owner of 1/2 undivided portion of a residential plot in a Co-Operative Housing Society at Pune.
Some time back the society amended its bye-laws such that the plot can be owned only by members of family. The purpose was to prevent influx of builders & construction of flats on plots. It is not clear as whether such amendment is consistent with MCS Act.
I intend to sell my share in the property to a third party, since my brother is neither willing to give me a fair compensation. At the same time he is also not willing sell his share to me at a fair market value. The property is in possession of my brother.
Some parties have evinced interest in acquiring my share of the property. But as per existing bye-law, the society will not allow membership of the society to any person/entity.
What could be a practical & a possible solution.
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Registered will
I gave a registered will to Mr A ..but now i want to make another registered will in my two daughters name ? though I am still alive ..can Mr A through that registered will can get it probated from court of law ? is it possible where in I am still alive " can Mr A put a dispute in this matter after my death