Sale aggrement vs will
Abhishek Gupta
(Querist) 13 April 2015
This query is : Resolved
Hello, My Grandfather has given his self owned property to my father via Power Of Attorney(Notary Attested only) and Sale agreement (Notary Attested only) in year 2000. Later in 2012 he has made a Will (Registered) of the same property in favour of my uncle.Now Grandfather has passed away.
Please let me know now who has legal right on that property. Is it my Father or my Uncle?
Regards,
Abhishek Gupta
abhiashu2000@gmail.com
Rajendra K Goyal
(Expert) 13 April 2015
Whether the sale agreement and POA are registered?
POA is not effective after death of the principal.
Better consult local lawyer and show him all the documents.
R.K Nanda
(Expert) 13 April 2015
ur uncle has the legal right to said property.
prabhakar singh
(Expert) 14 April 2015
You state that both documents ,the POA and SALE AGREEMENT are just notarized but unregistered,HENCE THEY ARE BAD IN LAW.
A SALE AGREEMENT DOES NOT PASSES TITLE.
AND YOUR FATHER DID NOT ENFORCE IT WITHIN
THREE YEARS.
POA FOR ALL REASONS EXPIRED WITH DEATH OF YOUR GRAND FATHER.
ON DATE OF DEATH YOUR GRAND FATHER WAS OWNER HENCE DEVOLUTION SHALL TAKE PLACE AS PER HIS WILL.
YOUR FATHER NEEDS TO ASSAIL THE WILL.
Abhishek Gupta
(Querist) 14 April 2015
Its is a Sale Agreement attested by Notary only. I am getting mixed responses.
Please confirm
prabhakar singh
(Expert) 14 April 2015
Let me tell you in detail that land is a topic in concurrent list so both center and states can legislate upon it and finality would be as per state law.
As per central law an agreement to sale is not required to be registered.
But many states,U.P. is one of them, have amended this law making all agreement relating to land compulsorily registrable.
So you need to check with local lawyer what your state law speaks about it.
The next point is that if your state law does not ask an agreement to sale land or immovable property to be compulsorily registrable ,then whether or not your father has filed a suit of specific performance with in 03 years from it's date
against your grand father or his heirs,as your uncle is under will.
I say so because you state that your grand father expired in 2012 and agreement to sale was earlier to that ,then if no suit of specific performance filed with in 03 years from its'date,then even if it was not required to be registered in your state,it can now be not enforced through suit against your uncle,a testamentary heir of your grand father under a will.
You people never state required facts hence
are bound to get confused.
okay.
Guest
(Expert) 14 April 2015
Uncle is entitled to the property.
Abhishek Gupta
(Querist) 16 April 2015
Thank you very much for your responses
