Mutation pending over 3 decades, with mro !
Querist :
Anonymous
(Querist) 13 September 2011
This query is : Resolved
Dear Friends of the forum,
In a case; Mr.'A', got the property through a WILL from Mrs.'F'. Mr.'B',GPA holder of Mr.'A' applies for mutation in MRO office in the year 1976,but no action was taken afterwards.Lately this property came Mrs.'S' through a WILL from Mr.'A', in the year 2009 . During enquiry Mrs.'S' found the above facts and lot of the property is sold by Mr.'B', in the capacity of GPA holder of Mr.'A'.and in some cases Mr.'B' has given GPAs to the 3rd parties [on perusal of GPA {Given by Mr.'A'to MR.'B' } Mr.'B' don't have this right!].
Kindly guide me action/s to be taken by Mrs.'S'. (This property is in AP state.)
1) Can she approach civil court for mutation properties as per the letter of Mr.'A' given in the year 1976?
2) What about the properties sold by Mr.'B' by virtue of GPAs he had given to 3rd parties?
3) Any other remedies you suggest?
Thanking you ALL in advance expecting quick reply please.
prabhakar singh
(Expert) 13 September 2011
1]Mutation will go where it needs to go and not in civil court.
2]If Mr.A's GPA in favor of Mr.B was registered instrument conferring powers to sale properties of Mr.A,then sales made by Mr.B with regard to properties of Mr.A during life time of Mr.A shall be valid and binding on Mr.S also.
But in case the said GPA was unregistered or there was no right to sale given expressly even though registered,none of the sales made by Mr. B shall be valid or binding on Mr.A or his beneficiary Mr.S.
It is further clarified that the GPA,with what ever right it was came to an as soon as Mr.A died.
3]Mr. B did not have any right in law to To execute further GPAs in favor of third persons giving any right to them on basis of his GPA.As per law a delegated power can not be further delegated,hence all sales so made without right are void and illegal in the eye of law and hence they are neither binding on Mr. a nor on his beneficiary Mr.S.
REMEDY
The remedy available to Mr. S as beneficiary of Mr.A is to file suit of cancellation of all sale deeds made illegally,and without right on the basis of beneficiary under will of Mr.A.
Raj Kumar Makkad
(Expert) 13 September 2011
In addition to mindful reply put by Prabhakar Singh, I add 1. to insert the relief of injunction against the so-called purchasers of the illegally sold property creating any third party interest during the pendency of the suit and
2. File a criminal case against B and all concerned persons who sold or purchased the properties illegally and even identified B as GPA holder of A or falsely claimed that A is still alive.
Querist :
Anonymous
(Querist) 13 September 2011
Dear Prabhakar Singh ji and Raj kumar makkad ji,
I forgot to tell you, that Mrs. 'F',Mr.'A'& Mr.'B' all have died.
My question is whether or not; can i approach High Court and ask(/request) to give a direction to Revenue authorities for implementation of Mutation asked for (in the year 1976, through a GPA holder)?
Thank You very much for the quick reply.I will follow the advice given by you.
