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Gpa

Querist : Anonymous (Querist) 21 April 2021 This query is : Resolved 
Its about a property in delhi unregistered colony which is now in the list of colony to be regularised under pm uday ( recognition of property rights in unregularised colony 2019 ).

1. Seller executed the irrevocable GPA
(notarized )
Executant ( seller )
In favour of A ( my father who is not alive
now )
Date - 1987.

2. Affidavit ( notarized ) mentioning below :
1. Seller is the owner and in possesion of
the plot.
2. Seller entered the agreement to sale with my mother B. ( alive )
3. Handed over possesion and cannot revoke ATS , will , receipt , GPA.

3. ATS ( agreement to sell ) - notarized
In favour of my mother B.
Mentioning that a complete consideration amount has been paid through a receipt by my mother B.
It also mentions when the sale deed is permissible then the general attornery ( my father A ) or seller should sell and get the sale deed registered in my mother's name B.

4. will of deed (notarized )
Testator - seller
Mentioning after testator death property should go and devolve to my mother B.
My mother will be the sole owner.
and this is testator's last and final will.

5. Receipt ( notarized ) having complete consideration value paid in respect to said property sell vide agreement to sale as full and final settlement by my mother B.

6. We have the possession + electricity bill ( bses ) + DJB water connection all in my mothers name B.

So i wanted to know that if my mother B ( alive ) is the sole owner since every document is in her name ATS , RECEIPT , WILL , AFFIDAVIT or my father since GPA is in his name ( not alive anymore ).

The purpose is to sell this property and we have a buyer ready and under the new pm uday plan he can get it registered as well. ( he checked the papers + that whether he can get it registered with local vendors providing that services. )

Looking forward to some suggestions.

Thanks
Advocate Bhartesh goyal Online (Expert) 21 April 2021
Since the questioned property has been purchased by you through agreement to sale, will, receipt and gpa which does not confer the title of property moreover gpa holder has also expired so your mother can not legally transfer/sell the property unless she got registered the property her name.
Pradipta Nath Online (Expert) 21 April 2021
So what is the issue! If the new buyer has checked the documents and he is okay with that or to make payment, please don't bother yourself and allow the buyer to chose his course of action.
kavksatyanarayana (Expert) 21 April 2021
But your mother cannot sell the property as she is not a legal person to do so. The GPA, Will, or Receipt is in your mother's name but she is not the owner of the property.
Querist : Anonymous (Querist) 22 April 2021
@kavksatyanarayana : This is unregularised colony and everybody have this kind of unregistered papers.

so why do you think she is not the legal person to sell and not the owner of the property ?
Querist : Anonymous (Querist) 22 April 2021
@advovate bhartesh goyal : sir , so this is unregularised colony and all the sell purchase used to happen using these docs only and even delhi government acknowledges that and recently passed the judgement to allow these kacha docs to get registered under pm uday yojana and ready to give conveyance deed or authorization slip.

we need to upload will , gpa , ats , receipt , affidavit on pm uday portal for the same.
Sankaranarayanan (Expert) 22 April 2021
better to consult the local lawyer by submitting all documents and act accordingly
ashok kumar singh (Expert) 24 April 2021
agreed with views of earlier experts

thanks


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