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Guruprasad (Lead)     23 June 2016

Property purchased from gpa

Hi All,

Thanks for all your resolutions to the Lawyers club members. My questions are as below:

  • Property purchased the Registered GPA holder.
  • The original property relates to Mr.X got from one of the Society granted for poor people and was transferred to his son MR.Y (Mr.X has 3 sisters and one son) as Mr.X died.
  • Mr.Y gave through registered GPA (contains only signature of Mr.Y) to Mr Z .
  • Mr.Z sold this property via registraation in subregister office.

Also please advise is there is any provision that if a person is paying Property tax in his name for some years continously then there will be no litigation.

 



Learning

 1 Replies

Kumar Doab (FIN)     23 June 2016

You have not posted what is the personl faith of X e.g Hindu, and the property is self acquired/HUF etc? You have also not posted if there was any condition attached by society ( for poor people) with further sale of property?

Believing that X was HIndu, property was self acquired and ther was no condition attached with further sale of property:

After death of X (without leaving a valid WILL)   the ClassI legal heirs of X i.e. Mother, wife, sons, daughters shall have equal share.

If neither of Mother, wife, other sons, daughters were alive then Y is the sole ClassI legal hier and entire proeprty shall devolve upon him, and should acquire the status of self acquired.

Y was to submit death certificate, legal heir certificate etc to concerned authority for recording inheritance. Once name of Y is mutated in records Y acquires status equal to that of owner.

 

Thereafter Y can sign a vaild GPA to Z.

If GPA is registered and valid the GPA holder :Z, as per T&C in GPA ; dipsose the property e.g; by sale.

Mere payment of property tax may not neccessarily confer ownership, until or unless court of jurisdiction has passed a decree say on valid grounds of 'Adverse Possession'.

You may  preferably show all docs on record to an able counsel. 

 

 

 


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