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riz khan   25 September 2019

sale of disputed property

my grandfather and his 4 friends purchased a property in 1957 located in a prime location in hyderabad .
but in late 2000 it was claimed by a person who illegally encroached the property and took position,
my grand father being the only educated person among partners decided to fight legal battle all 4 partners gave GPA (irrevocable GPA) to my grandfather in 2005.

we filed case in 2006 which came in our favour , court declared all our evidences genuine and  granted injunction in 2007. to which the encrocher approched high court and kept obtaining stay till 2018 and he was redirected to the lower court to which he is still skipping the hearings and the matter is pending in court.

due to the unfavourable health conditions of my grandfather he decided to sell the property .

Q : can he sell the property as 4 of his partners are dead ?

Q : Does the children of others partners still have any rights ? 

Q : my grandfather has 2 sons will they have to sign on the registration papers ?

Q : if he sells how can a buyer proceed the with legal course as the case is still in  progress?

Thanks & Regards.


Learning

 3 Replies

Real Soul.... (LEGAL)     25 September 2019

Q : can he sell the property as 4 of his partners are dead ?

No ,since the property is joint so the legal heirs of dead parties can alone sell the property if vaiable .

Q : Does the children of others partners still have any rights ?

Ofcourse the children of dead parties has the right to property of their fathers.

 

  Q : my grandfather has 2 sons will they have to sign on the registration papers ?

All of the legal heirs of the property whether 1 or ten or twenty every one has to sign 

Q : if he sells how can a buyer proceed the with legal course as the case is still in  progress?

Need to execute GPA and agreement to sell 

 

riz khan   25 September 2019

4 of his partners gave him GPA rights . Does thier sons still have rights ?

Real Soul.... (LEGAL)     25 September 2019

Need to check if the GPA  has defined the heires and scucessors or executant bound by the acts done on behalf of POA.

However once principal is dead the POA expires. The previous acts cannot be reversed but future acts cannot be effected.

Just check with the advocate representing your case.


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