Will vs gpa
varma
(Querist) 22 June 2012
This query is : Resolved
My mother has 3 sons 1)me(raju),2)Ram & 3)satya In year 1995,she has given her propety 4.2 acres of land through Will in name of ME(Raju )- 2.1 acre & satya - 2.1 acre & that WILL also registered in subregister office.
My mother was died in year 1997.But before my mother death ,Ram &satya become unique & created registered GPA for 1 acre land of ME(Raju) on name of satya in year 1996 & same land was sold to Mr Ram on 100 Rs stamp paper but that sale was not registered.
In year 1998,I(Raju) came to know that out of 2.1 acre ,1 acre land was sold to Ram by satya through registered GPA .
In year 1998,I had filed suit on Satya & ram for making fraud GPA & for declaration of Title.MY question is..
1)suppose If GPA is Genual also but clearly sold propery to Ram is not registered as per property registeration act.If this is case, whether satya can get ownershiprights on that 1 acre land as per registered GPA
2)since my mother was no more,the GPA holder mr satya lost his ownership rights on that 1 acre land
3)Now I can get ownership rights on that 1 acre land ar per registered WILL
Devajyoti Barman
(Expert) 22 June 2012
1. Yes subject to payment of stamp duty when the court impounds such deed.
2.Deed was executed on the basis of valid GPA.
3. Very unlikely. Do not forget possession is 9/10th of title.
varma
(Querist) 22 June 2012
sir,but that GPA is frud GPA(i.e finger prints had taken from my mother during her life time but I have no proof now)..more over the property is sold by GPA holder but not registered.So plz give suggestions
1) how I got owner ship rights on that 1acre land.Is it possible through registerd wILL since that WILL was accepted by 3 of us
Shonee Kapoor
(Expert) 22 June 2012
repeated query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
