P P Roychowdhury (Prop) 12 July 2011

Query regarding right of pre exemption

I have few queries regarding sale of a portion of a house that is legally demarcated and parttioned with separate mutation and apportionment of property tax completed status.

Please view the attachment at the outset, where the deolution of the property shares are illustrated diagramatically. In the diagram, I am the "Son of Def 1"

Q1.) I am holding an Gifted Property and not intestate one, where my father is the donor and myself the donee. My question, is the property still bear the ancestral status to me?

Q.2) Is my Gifted Property free from pre emption rights of other portion owners, in case I opt for sale?

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11 Replies

Raghav Sood (Lawyer) 12 July 2011

since the property has been partitioned by the process of law and their is total disruption of joint pool

and later your father executed gift deed i.e. his exclusive property to you you became absolute owner no right preemption now exist.

no jointness to premption

1 Like

Sunny (member) 12 July 2011

hello sir...

i am sunny from bangalore... my dad has a property in bangalore measuring 1500sq feet.. the land lord has done GPA in 1982 on my dad's name. now we want to sell the property with this GPA document... is it possible or should i still work out for some more valuble documents..what are the other documents required to sell the documents...its very urgent...

Raghav Sood (Lawyer) 12 July 2011

if GPA is registered with sub reistrar and it not been revoked uptill now and it has authrization or power to sell offcourse your father can enter into a transaction on behalf of true owner coz GPA holder is agent of the true owner rest for other local laws a reverned brother/member from bangalore can explain

Sunny (member) 13 July 2011

thanks sir... but our GPA is not registered.From the time my dad has got the GPA the land is vacant & when i removed RTC its is in first owners name..we got the GPA from second owner(ie first party gave GPA to second party & later to my dad)...i just want to know that can i sell this property with only GPA or should i pay all the tax & betterment charges..what are the possiblities i can do.

Raghav Sood (Lawyer) 13 July 2011

the answer is no paying taxes will not going to change postion sale transaction in not possible

sorry to say but transaction(s) seems to camuflauge the registration act and stamp act

Sunny (member) 14 July 2011

can i do it in my name as gift deed from my dad & later sell it...is it possible

Raghav Sood (Lawyer) 14 July 2011

gift can only be done by the owner as doner

Sunny (member) 14 July 2011

owner means my dad or the land owner....

Raghav Sood (Lawyer) 14 July 2011

owner means the land owner an agent GPA i.e. your father in this case can not gift the property

Sunny (member) 14 July 2011

we have no idea about the land owner now... since they had done the sale agreement in 1982 so even they have not interfered till now..its vacant from the time my dad got GPA and agreement...

Raghav Sood (Lawyer) 14 July 2011

a good option for you to stay mute and enjoy property but i fail to understand if you got sale agreement why dont you get the sale deed registered since i am unaware the conetents of sale agreement moreover that remedy is also barred under the law you enforce sale agreement within 3 years post the scanned copy of sale agreement i will try to dig something out but not sure or consult local lawyer since nobody(owner) is here, file suit for declaration that you have become owner by adverse possession but the law on this has been tinkled alot i dont know whether court will go with it a risky factor better to stay mute