Declaratory suit

Harsh (Querist) 09 June 2011 This query is : Resolved
The brother made the GPA in favour of his sister because his wife left him after the few years of marriage and even no action was taken by him against his wife. His sister take care his children. Before few days of his death, he made a gpa, agreement to sale etc. in favour of his sister but he was unable to register this document and died. He wanted to register the same but died. After few years of death sister arrange the marriage of elder daughter of brother by her own arrangements. Now, she is unable to maintain brother’s younger daughter. So she wanted to sell the house but due to the documents is not registered with sdm, can she go for declaratory suit?

For the above query, Sister is also having the WILL in her favour. But how can she registered it because the brother is died? can she register it after the death of brother ?if she go for probate than naturally the wife of brother will not agree in court of law. Can sister go for mutation of property on the basis of unregistered will? can registrar create an objection regarding registration if she go for registration of will? ALL THE ABOVE DOCUMENTS WHICH THE SISTER IS HAVING IS PREPARED ON 2007 BY THE BROTHER.

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Jitendar Kumar gupta (Expert) 09 June 2011
if will is there then on the basis of will transfer the property in her name then sell it.

Ravikant Soni (Expert) 09 June 2011
agreement to sale is not a sale deed and yet it is unregistered as well so the sister has acquired none any power in the property. And as mentioned it seemed the limitation of agreement also has been lapse. so she (sister) can not sale the property. Brother's son and daughter has the right to sale property but they cannot debar wife as well.

Ravikant Soni (Expert) 09 June 2011
I think declaratory suit would not help you.
If the agreement to sale is in limitation of 3 years then a suit for specific peformance can be filed against legal heirs of brother i.e. wife, son and daugthers.

Guest (Expert) 10 June 2011
no suit will lie. only a suit for partition lie by the minors through next friend against the mother(run away). this is only the legal option to do.

Harsh (Querist) 10 June 2011
For the above query, Sister is also having the WILL in her favour. But how can she registered it because the brother is died? can she register it after the death of brother ?if she go for probate than naturally the wife of brother will not agree in court of law. Can sister go for mutation of property on the basis of unregistered will? can registrar create an objection regarding registration if she go for registration of will? ALL THE ABOVE DOCUMENTS WHICH THE SISTER IS HAVING IS PREPARED ON 2007 BY THE BROTHER.

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