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Rathish (Sr.Engineer)     02 March 2012

Risk of registering land from gpa's registered land..

Sir,

I am planning buy a 1-acre agriculture land near to chennai...

Details:

The property belongs to person "X" (got from his father and brother through family settlement at Sep-1955)

"X" died at Dec-2000 (Have only one daugther "Y", father death details were conformed through death and legalarship certificate mentioned as only one daughter)

"Y" having two minors ("Y1" and "Y2")

"Y" given GPA to person "A" on June-2006. (without any court order for minor "Y1" and "Y2")

At same time "A" registered the land on his wife name "B" on Aug-2006 (without any court order for minor "Y1" and "Y2")

Now the land is coming for sale from the Party "B", still it is under bank loan (conformed through E.C.)

 

Queries:

1. If i purchase the land from party "B", in future is their any possibility of challenges need to face from minors "Y1" and "Y2", because their is no court order during GPA.

2. Is their possiblity of including any NOC or any other registered document from person "Y" during my registration from person "B"

3. Pls tell me Is their any safe way of registering the land..

Your quick reply is more appreciable..

Regards,

Rathish.G



Learning

 4 Replies

sushil (bussiness)     03 March 2012

r u engaging a lawyer for registration then he might be knowing about hindu succession act. moreover the minors are very young to attain age to become majors. better go for courts permission. only option left

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 March 2012

Dear Querist,

Y1 & Y2 have no stake to the property - their right would have accrued only on the death of their mother. Hence no need for any NOC from them, they can't object. As regards GPA transfer from their mother to A, though GPA is not a conveyance of title in itself but merely appointing of agent to take care of property, if registration has been in favour of his wife on its basis. I don't find any reason of any challenge except from Y

Rathish (Sr.Engineer)     03 March 2012

Thanks for your prompt and quick reply....

In conclusion.. my main fear is..

"Y" and their concerns "Y1", "Y2" should not challenge me... Because the land is registered from GPA power, because in some forums some people told.. that registering through GPA is not acceptble as per recent SC judgements..

 

Also i will contact a good lawyer in chennai.. before i proceed further..

Thanks once again for your time and info.. sharing...

Regards,

Rathish.G

k.chandrasekharan (advocate)     03 March 2012

I beg to differ from Mr. Bharat Chugh.

B's title is from Y through her GPA holder A.

Even if there was no GPA and no sale to B had taken place, the original title for Y is by way of succession upon the death of X, her father.

If, on the date of death of X, no children were born to Y, she was the sole successor. Then, in the date of registration of the deed in favour of B, if no children had been born to Y, the title flow to B would be clear. A's GPA did not constitute any transfer of property. Only the exercise of power conferred upon A by the GPA executed by Y, concludes the transfer of property, that is on the date of registration.


The the children, who are stated to be minors, were born on or before the date of registration of the deed in favour of B, then title flow is not clear. For Y1 and Y2, the property is ancestral and they have a share by birthright. However, the 1/3 share of Y could be transferred by her.

So, the intending purchaser has to be cautious. Hundreds of suits for partition are filed and pending covering exactly the similar circumstances. Minors upon attaining majority and in some cases after several years of attaining majority claiming that the alienation of the property has come to their knowledge, only recently, to create limitation are being filed day in and day out. The present title holders who have been bona fide purchasers for valuable consideration, are at a disadvantage to challenge the myriad complicated relationships pleaded. Often these are collusive and induced cases. Since property prices have gone sky high, past vendors turn greedy and attempt harassing present owners by filing such suits and dragging them for several years, to pressurise them to part with more money to purchase peace by getting cases settled by compromise.

In this case, though Y has transferred the property and enjoyed the money, there is no guarantee that Y1 and Y2 , on their own, or being induced by others, will not file cases to undo the transfers effected till they'came to the knowledge of the sale(s)', which by law is upto their completing 21 years but stretched far by the ingenuity of lawyers.

In my opinion, the property is not worthy of consideration for purchase.

This opinion is based on facts given and may get modified, if more facts are presented. Also, the above is based on Hindu law of succession only.


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