Succession
Yaseen Mohammad
(Querist) 16 February 2010
This query is : Resolved
One Mr. X inherited the land to an extnet of 8893 sq.yds. from his father. The father of Mr. X died intestate and as on the death of father of "X", he is bachelor.
In the year 1984 "X" executed GPA document in favour of "Y" for 17,787 sq.yds. The remaining land which is got exeucted by "Y" is the land of sister of GPA holder.
While in the force of GPA document the GPA holder executed only one registered sale deed and 5 notarised doucments.
Mr. "X" came to know about the acts of GPA holder cancelled the GPA document in the year 1991 vide doct.No. 10/1991.
With wrong impression again the GPA holder created the GPA document vide doct.No. 11/1991 on the same day.
While in the force of GPA document the GPA holder executed 15 registered documents.
Again in the year 2003 Mr. "X" came to know the acts of the GPA holder and cancelled the GPA document. After cancellation of GPA document GPA holder executed another 15 documents.
For which Mr. "X" filed cheating case against GPA holder.
While things stood Mr. "X" died in the year 2009.
Now the point for consideration is whether Mr."X" is competent to execute GPA for entire land.
Or the children of "X" also share holders to the entire property which is inherited by the "X". Since the property is ancestral. As on the date of inheritence "X" is bachelor.
As on the date of execution of GPA document in the year 1984 "X" is having one daughter.
Now "X" is having three daughters and two sons.
Under which provision of law the children of "X" succeed their land.
OR the children of "X" is entitled for the land which executed by the GPA holder after cancellation of GPA document.
Plz. suggest clearly.
Raj Kumar Makkad
(Expert) 31 January 2012
GPA expires immediately on expiration of either GPA holder of Principal. The criminal case shall automatically shall stand dismissed in the given case but the civil suit should be got continued replacing the deceased with his legal heirs,
