pramod (sc) 24 May 2012

Gpa cum sale deed

hi sir

iam pramod from andhra pradesh,,,,,,, my grandfather had got huge properties in the partition between his brothers which are ancestral and he died intestate without executing any will in 1992......he is having wife and 3 sons....my father is his second son.....and iam having a sister also.........after death of my grandfather we are all joint till 2003.in the year 2003 my grand mother and his sons executed an unequal partition will stating that there is an ancestral house .......it has given as share to my grandmother and her elder son got 3.71 acres of land and her 3rd son has given the share of 3.72 acres of land and by the innoscence of my father he has given only 1 lakh rupees and no share in any land or house...........now my question is : is their parititon of unequality is vvalid or not???

after days gone in the year 2006 my grand mother had gifted the ancestral house to my father who is the second son in the family............is my grandmothers gifting of ancestral house is valid or not?????

then in the year 2008 due to some debts of my father he has has given gpa cum sale agreement to my eldest uncle who is elder one in the family...........in paying all the debts.......but my uncle didnt paid all the debts and value of property is double than value of debts.........now he is not paying our debts ......ALL THIS HAPPENED WITHOUT MY CONSENT............CAN I FILE SUIT AND CHALLENGE THAT WILL WHICH MY FATHER WRITTEN TO HIM UNLAWFULLY ??????PLEASE REPLY ME SOON

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(Guest)

The gift made by your grand mother in the name of your father is very much valid. When was the agreement to sale and gpa executed and in whose name it was executed? If in case, the agreement to sale if was entered into between your father and uncle and if the sale deed is not effected and the agreement to sale is still pending. Its important to calculate the limitaion for filing suit.

As regards your right to challenge the transaction is concerned, as your father is alive (in case) you do not have any right to challenge the same. Further more, pls check the date of gpa and agreement to sell, as to when the same was executed.

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