MANJUNATH F B (INDIVIDUAL) 04 June 2014

Legality of gpa

Sir,

I have a peculiar issue.

My father purchased a residential plot in 1975 and registered in his mother in laws name. Subsequently he constructed a house and residing at the same house since then with his family i.e, wife, 2 sons and one daughter. My father expired in the year 1997. In 2005 my younger brother some how managed to get GPA from my grand mother (Mothers mother - age around 80 yrs. ) in his name and made a gift deed to my mother which is registered. My grand mother was staying in other state other than where the property existed. But the GPA was shown as if it is done in the same area where the property is. Again in March 2014 my mother made a gift deed to my younger brother and registered it without my knowledge. Now my question is that what is my legal status in the property? Can I proceed proceed for partition deed?

Regards,

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3 Replies

(Guest)

With the given facts and circumstances of the case, the proposed partition suit may not be maintainable. As per my understanding of the law, the Plaint may be rejected under Order 7, Rule11(d) of the Code of Civil Procedure.

Advocate Bhartesh goyal (advocate) 04 June 2014

Your step to proceed for partition of questioned property will be of no use as the property was in name of your grand mother who executed a power of attorney in favour of your brother and thereafter your brother executed a gift deed in favour your mother who also transferred the property by way of giftdeed to your brother,all transactions/transfers of property has been done in legal way so you can not get succeed .

Mahesh M (Advocate) 04 June 2014

Go through that G. P. A. carefully. Does it authorise your brother to transfer the property, especially by way of gift? If not, he cannot transfer it by way of gift and in such a case, the gift deed executed by him will be of no value. But in such a situation, your grandmother will remain as the owner of property. You have not mentioned whether she is still alive or not. Further, there are some rulings which state that owner of building can be different from the owner of the land. So in whose name the house was standing? Was it in your father's name? If it was, then how about filing a partition suit for partitioning the house?