sandeep (prop) 21 May 2014

Conveyance deed

Dear Members,

My father purchased a builder floor in year 2004 on registered GPA and will from a person who purchased it from some one else with registered GPA & Will. My father died in year 2009 intestate leaving behind only two sons (mother died prior to father and no sister). The owner of the building who lived in same building got the complete property changed to freehold from lease hold from L&DO in year 2013 by submitting false statement that no third party interest is created till that date.

Know my question is if he will not execute the fresh sale deed in our name what is our ownership status on the basis of GPA & WILL.
If we file a civil suite and his conveyance deed is cancelled will our ownership be transferred as we are the legal heirs of deceased purchaser i.e.our father.
Should we need to go for succession suite even if a surviving member certificate is issued from concerend SDM.
In current state is our ownership is good title, disputed or part performance.

Please advice.

Thanks

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 21 May 2014

Legal heir certificate is a must in case of parents dealth intestate.

adv. rajeev ( rajoo ) (practicing advocate) 21 May 2014

GPA will not be valid after the death of executant. On the basis of the will you can claim the ownership.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 21 May 2014

Know my question is if he will not execute the fresh sale deed in our name what is our ownership status on the basis of GPA & WILL

Ans:

General Power of Attorney comes to an end on the death of person. The will will sustain, you can proceed on the basis of Will for claiming rights in property

2. If we file a civil suite and his conveyance deed is cancelled will our ownership be transferred as we are the legal heirs of deceased purchaser i.e.our father.

Ans: You can proceed with the cancellation of Conveyance which is defective as you are party to the property. You can file complaint for cheating and forged conveyance.

3 Should we need to go for succession suite even if a surviving member certificate is issued from concerend SDM.

Ans. Need not, if SDM is accepted.

4. In current state is our ownership is good title, disputed or part performance.

Ans: It has got no good title

Jeevan.