How to get property registered

Dear Aman,

The person who executed GPA in favour of ur mother is alive or not.

Whether the GPA is registered or unregistered?

What are the contents of GPA i.e. whether right to convey the property was conferred under the said GPA?

Unless u clarify the above, you cannot get proper reply. 

sir,

i am not sure about the person who executed GPA is alive or not

The GPA is registered & in that all the rights i.e.to sale the property or to enter into any kind of agreement is given by executant to my mother

Dear Aman,

Is there any clause in the GPA restricting your mother to execute convenyance in favour of the agreement holder i.e. your father only or something else?

eloberate the contents.

no there is nothing like that

Then, ur mother is entitled to register a conveyance in favour of anybody.

can she also transfer this propery as a form of gift deed & will i have to pay any kind of stamp duty on this?

she cannot execute a will.  But can execute a gift deed.

stamp duty varies from state to state.

but here the advocates are advicing me to first go for a release deed so that my share & my sister's share is transferred to my mother & she becomes the owner of the whole property & then she can gift this property 2 me

Dear Aman,

You have not mentioned in ur query about your sister.

Their advice might be in view of the agreement of sale executed in favour of ur late father.  But, I won't agree with them because unless the conveyance is registered no right, title or interest will accrue in favour of agreement holder or his heirs upon his death. 

So, no question of release deed.

But, my suggestion is when the agreement (un-registered) of sale is with u and when there is no conflict with ur sister, execution of release deed is not necessary.

Ur mother can straight away execute a gift deed in your favour.

As a precautionary measure, make ur sister to put her signature as a witness to the gift deed.

Aman,

remember one thing:

Power Of Attorney  [POA] died with the person who confer power to act on his/ her behalf.

So First find out (u have address in that doc) whether  execabnt is alive?

Possession must be with you, I presume, so you willl get benefit, 

u r bound to pay penalty and stamp duty/ registration . 

If original Owner, who signed POA or Sale Deed is Alive, it shall be easy.u can deal directly & registerit on ur name. If dead, POA is useless, and u have to get declararion , c sister's release or NOC etc, 

On govt record, it must be on Orig Owner's name, so ur father is not the owner of this property., and in that case ur sisters too have no right, U can directly deal. 

Aman,

Has the executor of GPA executed a will also in favour of your father alongwith GPA ? If no and GPA is without consideration, the document of GPA shall have to go, if it is not accompanied by a WILL. Did your father leave any will in favour of your mother?

The right of your sister do exist and cannot be extinguished without relinguishment.

Your mother shall have to seek declaration of title of the property from the Civil Court on the strength of agreement to sell.

Please seek proper guidance/legal advise along with property documents, which shall disclose some more valuable informations.

VR shroff sir,

i had enquired and found the executant who signed POA is alive..i wanted to know what is the further procedure in this direction...and does the executant still have some ownership rights to this property or not...

some people suggested me not to go the executant now after 10 yrs for this property as she can say anything in court and we can loose this property..are they right or not?? 

dr vashisht sir,

yes a WILL is also executed in name of my father by executor of GPA

but my father did not leave any WILL for my mother

Dear Aman

In this situation legal representative of your deceased father shall have to seek a declaration from Civil Court on the strength of agreement to sell and Will of the seller, to the effect that you (all LRs of your father) have interest and claim over the property. subsequently the Court order can be registered with concerned Sub-Registrar and you (all LRs of your father) have the title.