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Newbie Newbie (Others)     17 September 2014

Gpa to registration

hi,

This is about a house that my grandfather bought in the year 1985, at that time the original seller had executed a GPA in my grandfather's name. After that my grandfather executed the GPA in my Mothers and Fathers name in the year 1993. Both the original seller and my grandfather have passed away. We are now planning to register the property in my name. What would be the procedure and legally correct way of going about this. What documents would we require.
 The original seller has children who might / might not be aware of this. And my mother has her brothers and sister who have no issues with registration. Also to clarify we are not trying to usurp anyone else's property we are staying in this place since 1985. The GPA between the original seller and my grandfather states that the children of the original seller have no stake or claim on this property. Plz advice.

Also is it possible to get a HIBA on this property rather than registering it. Does HIBA hold the same value as the registering a property. Plz advice.

Thanks,
Mujahid



 9 Replies

Hardeep (Business)     17 September 2014

As per the current law, The GPA expired on the death of  the holder. Property reverts back to the executor and on his death , to his heirs. Once the heirs get legal title to the property they may do as they wish. GPA does not convey any title.

 

I am not sure how very old cases will be handeled. Others may please comment.

Newbie Newbie (Others)     17 September 2014

Thanks Hardeep for the info... just to clarify, there are 2 GPA's;
one by the original seller to my grandfather and one by my Grandfather to my parents, my parents are still alive; so does the 2nd GPA not hold any value? or even the 1st GPA not hold any value?

Kumar Doab (FIN)     17 September 2014

The GPA has died with the principle.

Hardeep (Business)     18 September 2014

If you have been occupying the house openly for last at least 12 years without any claim by anyone, the doctrine of adverse possession may work in your favor. The GPAs could have some value to explain how you got possession. Otherwise GPAs expire with death said above. In any case they do not transfer any title. Only a conveyance deed can do that.

Hardeep (Business)     18 September 2014

If you have been occupying the house openly for last at least 12 years without any claim by anyone, the doctrine of adverse possession may work in your favor. The GPAs could have some value to explain how you got possession. Otherwise GPAs expire with death said above. In any case they do not transfer any title. Only a conveyance deed can do that.

Newbie Newbie (Others)     18 September 2014

Thanks Hardeep for the info.. In that case can I still register the property or do I have to file a case or something before registering the property?

Hardeep (Business)     24 September 2014

I think using the GPA your parents should be able to enter Into a Sales Agreement with you which can then be used to get a registered conveyance deed transferring the title to you. Would depend upon GPAs language. Please consult local lawyer. Would appreciate an update thereafter.

Hardeep (Business)     24 September 2014

Pradeep (Advocate)     27 December 2019

A GPA is given only to the person whom it is given, and he cannot further transfer such GPA neither it passes through succession.

Hence, the GPA held by your parents is not valid in the eyes of law. It may still be possible to register the property in your name, with the help of your parents, but you may encounter the problem in the future, when you want to sell it or take a loan on the property.

You may want to do ONE of the following to pass on a legal title:

1. Approach the court for a suit for adverse possession

2. Approach the court for a declaratory decree in your parent's favor

 

 

 


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