Validity of gift deed and gpa
ompratap
(Querist) 07 January 2015
This query is : Resolved
My basic query is:
Property was originally registered in the name of my grandmother. GPA, Gift Deed, Possession in the name of my father. GPA has seal of Registrar. Gift Deed, Possession are only notarised.
So, my basic query is should the application for building plan (map) in MCD be filed in the name of my grandmother or father?
DESCRIPTION:
We have a built-up property of 100 sq yards in Delhi which was originally held by my grandmother. In 2013, my grandmother (and grandfather) executed a GPA, Gift Deed, Affidavit and Possession certificate in the name of my father. The same is also done for my two other uncles for different plots by my grandparents. However, there is one widowed aunt of mine who possesses and lives in a built-up plot which was purchased by my late uncle (chachaji) but my grandfather financially contributed in it. However, my uncle in his lifetime registered that plot in the name of my aunt. He also started construction but sooner he passed away. Later, my grandfather completed that house for my aunt and her children. Till that time they were living with us. However, my aunt was not keen on emptying our house even four years after construction of her own house by my grandfather. That clarified her true intentions that she wanted hold on both properties. My grandparents knew of these unjust intentions of hers and after my pursuance, she eventually vacated our house and started living in the house which my grandfather completed for her. Since, all my other uncles and grandparents knew of the sweat and money that my grandfather had spent in rehabilating my aunt therefore they believe to the core of their hearts that my aunt has no share whatsoever in our house and her intentions are nothing but greed and vile.
Now that our house has become very old therefore we want to reconstruct it. For it we approached a contractor who said that in spite of execution of GPA, Gift Deed, Possession and Affidavit, the application for passing of the plan map in MCD has to be filed in the name of my grandmother, not in the name of my father. We are worried whether it would be correct step or not because the Gift Deed has wordings which makes my father true and sole owner of our house and this is the truest intention of my grandparents. We are also concerned that my aunt may claim a stake in our house in future and make it a disputed property. My grandparents are fully with us and know well of the intention of my aunt. They have already settled her with her children long ago in house bigger and better built than ours therefore they affirm that she and her children should get no share in any of property given to my other uncles and us. Please suggest me a possible course of action so that our property remains solely and completely with us and no one could ever stake a claim in it. Also, is the contractor right by filing application of map in MCD in the name of my grandmother?
Kappil Cchandna
(Expert) 08 January 2015
Dear,
In whose name the property stands registered ....?
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 08 January 2015
It is a story (too long) and not a query, you must have been precise.
Contact and consult a local lawyer and proceed as advised.
ompratap
(Querist) 08 January 2015
Property was originally registered in the name of my grandmother. GPA, Gift Deed, Possession in the name of my father. GPA has seal of Registrar. Gift Deed, Possession are only notarised.
So, my basic query is should the application for building plan (map) in MCD be filed in the name of my grandmother or father?
ompratap
(Querist) 09 January 2015
Please answer my query soon.
anil kumar
(Expert) 11 January 2015
Dear Mr. Ompratap,
The person in whose name the property is registered is deemed to be the owner. The registered owner or in the alternative the GPA holder on behalf of owner can make application for building plan (map) for obtaining sanction from the municipal authorities (MCD) provided such a power is granted under the GPA to your father. But it will have to be in the name of your grandmother (owner) but signed by your father on her behalf as GPA holder. Further, in your case the Gift Deed is only notarised but not duly registered whereas it ought to have been duly stamped and registered with the sub-registrar concerned to make your father as owner. In the absence of it, the property is still owned by your grandmother. Immovable property cannot be legally and lawfully transferred / conveyed except by registered deed of conveyance (Sale Deed/Gift Deed etc.) GPA, affidavit, possession letter etc. cannot be recognized as deeds of title for transfer of immovable property. Pl. go through Supreme Court judgement on this in Suraj Lamp's case as per link below:
http://www.indiankanoon.org/doc/1565619/?type=print
T. Kalaiselvan, Advocate
(Expert) 12 January 2015
Further to expert Mr. Anil Kumar's views, you may please note that the GPA given to your father is for selling the property and not for reconstruction or alteration, hence this GPA will not be valid for that purpose too, please check the recital of the GPA deed.
