RIGHT OF OWNERSHIP GPA OR WILL & RECEIPT

SUDHA MAKOL (Querist) 05 May 2011 This query is : Resolved
I have filed a civil case against Mr. X for depossessing and cancellation of the extended portion of my DDA flat's rooftop extended structure. Mr. X has produced a copy of a will and receipt executed by original allottee in 1989 registered with SubRegistrarI Delhi office which do not match with my will and receipt. I have originals but the registered will and receipt are different. However, my GPA (1988) registered with Noida Authority is genuine and is registered with sub registrar Noida. Mr. X has produced photocopies of the will and receipt registered with sub registrar-I Delhi and is trying to make the full chain of extended portion based on some incomplete and notary attested documents. How does this affect my case? Will the case be dismissed? Is there anything that goes against me in case some of the documents submitted by me for filing of case are not proved genuine? Does it affect my rights over the property even if I have all the originals from allotment letter to complete chain? Is it possible that the GPA was registered in one name in one authority and will and receipt in another name in another authority on same date? Who is having a better title over the property now?

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Raj Kumar Makkad (Expert) 05 May 2011
GPA is valid only up to the death of X and will comes in the light after death so after death will shall prevail and GPA even if given has expired and has no value in the eyes of law. Will is required to be probated in Delhi so you have better chances than your opponent to win in this legal battle.

Guest (Expert) 06 May 2011
I endorse the views of Mr. Makkad.

M/s. Y-not legal services (Expert) 06 May 2011
Yes. Me too agree with mr.makkad

G. ARAVINTHAN (Expert) 06 May 2011
Power deed will have no value from the time of death of the deceased whereas Will gets life from the death of the testator. Will to be probated at the place of registration or at the place of residence of the testator.

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