Gpa and conveyance deed - authority property

Mayank (Querist) 06 September 2016 This query is : Resolved
The subject property is re alloted to Gaurav and Ashish divided into half(both son of Jagmohan), then Aashish did GPA in name of his brother Gaurav. The details before this reallotment are fine and unobjectionable.

But the conveyance deed says in favour of "Gaurav Jain s/o Jagmohan (GPA of Ashish)". So as of my observation/knowledge, I think it must also contain the name of Gaurav as Self also(as Gaurav also owns half of the property).

This property came to us for Mortgage purpose and is authority property.

Please help.

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Raj Kumar Makkad (Expert) 06 September 2016
Your thinking is accurate. The conveyance-deed requires its correction to that effect.

Rajendra K Goyal (Expert) 06 September 2016
Full document need to be referred for fruitful advice. Discuss with your lawyer.

Guest (Expert) 06 September 2016
Mr. Mayank,

Your description does not give the real picture. On one hand, you have stated the property to have been realloted to two beneficiaries, while you talk about the conveyance deed for one. Are you talking about the original conveyance deed before reallotment or the deed prepared after reallotment?

Further, for what purpose the property has been mortgaged to you. Also, if you/ your company is dealing with loans against property, what is the advice of the advocate at your panel?

RAVI K GOUD (Expert) 06 September 2016
Mr. Mayank,

There is no clarity regarding who is the party going to mortgage the property?

Whether the mortgage is for one part of the property or for both parts?

reply?

rajeev sharma (Expert) 06 September 2016
Mr Mayank please clarify whether the document is submitted to you by a third party as present owner of property or the allotees mentioned by you. If it is submitted by a third party then your observation is correct. It is a conveyance for half property.

binay (Expert) 07 September 2016
Mr mayank, if the property has been alloted to both the brothers by the way of partition, then the gpa made by one brother in favor of another brother, then where is the legal dispute arises, with the gpa property there is no connection of another brothers property, as it has been realloted by the way of partition.
Yes if both the property have been coming for mortgage then also both of them are separate property.

cherukuri prasad (Expert) 08 September 2016
Not necessary. Don't get hyper technical.

Raj Kumar Makkad (Expert) 08 September 2016
It seems that the querist was interested just to post the query rather to read the replies of the experts or their further requirement.

Guest (Expert) 09 September 2016
Mr. Mayank,

What your silence for the last two days should be taken to mean by the members from whom you expect solution but don't respond to their queries?