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Sundesh Kumar (IT )     25 March 2011

Suggession require to buy GPA to GPA property

Hello All,

I have found in Bangalore city, it is 30X40  (1200 sqft) BBMP A Khatha residential property in Banasankari Area. 

The history of the property has below

1) Year 1969 Govt of Karnataka  has sanctioned 3 acres & 25 quantas land to Mr.X  and Govt granted this land to Mr.X in year 1977.  Mentioning servey no 45 and Mr.X will have rights to sell this land after 15 years from the granted year 1977

2) Year 1980 Mr.X gave GPA  "above stated whole land (Servey no#45)" to his only son Mr.Y  as Mr.X  was very much aged by that time

3) Due to financial need Mr.Y gave registerd GPA from channapatna register office for the above said property to Mr.Kumar and Mr.Raju ( 1 acre 33 quantas to Mr.Kumar and remaining part of the land to Mr.Raju). Both registered GPA from Channapatna register office executed by Mr.Y in year 1983. Because Mr.Y cant sell this property as they getting rights after 15 years from property granted year 1977

4) Mr.Kumar and Mr.Raju both are blood brothers sons of Mr.Manjunatha and their nature of business was real estate. Mr.Kumar gave his 1 acre 33 quantas land to his elder brother Mr.Rajy by the way of Notry GPA in year 1993

5) Mr.Raju created a new layout in year 1993 for the whole land 3 acres & 25 quantas ( in cluding his brother Mr.Kumar's land 1 acre 33 quantas) and formed 30X40 sites & 60X40 Sites for residential purpose.

6) Mr.Raju started selling the sites in 1995 onwards

7) Mr.Raju sold schedule property No#34  30X40 site of the servey no#45 to Mr.Ajay year 1995 in Bangalore banasankari Register office --- Absolute Sale deed executed by Mr.Raju, mentioning he was the Registered GPA holder of Mr.Y in year 1983

8) Actually schedule property No#34 30X40 site of the servey no#45 comes under 1-acre 33 quantas of land which was the party of the Mr.Kumar. ( Registered GPA was given to Mr.Kumar 1-acre 33 quantas by Mr.Y in 1983) but scheduled property was sold by Mr.Raju elder brother of Mr.Kumar as he got Notary GPA from his brother Mr.Kumar.

9) Year 1997, Mr.Raju got Registered GPA from Mr.Y for the whole land 3 acres 25 quantas in Hosur Registration office Tamil nadu, since he got Notary GPA from his brother for 1 acre 33 quantas land also he sold some sites of that land from 1995 onwards.

10) Year 1995 Betterment was paid by Mr.Ajay  for the schedule property also paid taxes to BMP & got BMP A Khatha then sold to Mr.Khan in year 1997, Mr.Khan paid upto date taxes for the schedule property and got BBMP A Khatha as BMP became BBMP

11) Year 2010, Mr.Khan sold the above stated schedule propety No#34 of the servey no#45 to a builder, builder got proper approval from coropration to construct a house. Builder paid upto date taxes etc.

Note: Mr.Y son of Mr.X was dead long back ( dont know actual year of the death might be after the year 2000)he was aged around 77 yrs in year 2000 as he was produced  his family tree in year 2000.  Family tree was executed by Bangalore North Taluk  R.I also signed by Mr.Y

Mr.Y Family Tree   details 

Mr.X (Father of Mr.Y ) Died, Mrs.X ( Mother of Mr.Y) Died and Mrs.Y Died ( wife of Mr.Y), No issues for Mr & Mrs Y

Please suggest shall I go ahead for this property?

As this property became BBMP A khatha long back, EC is clear from 1989 to till date, taxes was paid upto date, good road facility, cauvery warter facility, good street light facility etc all available, can I get Home Loan for this property as property title is clear from 1995

Thanks and Regards

Sundesh Kumar

 

 

 

 

 


 



 3 Replies

kumar (NIL)     06 April 2011

Dear Sundesh,

Let me know the below details....

1. Mr.  X gave GPA to Mr. Y in 1980.

2. Whether the GPA got registered or not, and the GPA for total property or else for a part

3. Does Raju have any approval from competent authority for his layout (approved layout) - If having any approved layout, find out on whose name taken layout

4.  Mr. Raju got Registered GPA in 1997 from Mr. Y , my question in this Raju has sold a property no. 34 to Mr. Ajay in 1995 (actually property no. 34 comes under 1 acre 33 guntas). How can Raju sell the property without any registered document for 1 acre 33 guntas)

5. Find out the complete Family Tree for Mr. Y..... whether Mr. Y is having any children or not !!!!!!!

6. When you are taking EC from 1989, what is first and last documents seen in EC (find the link documents also in EC)

Findout these details. . . . . .

Sundesh Kumar (IT )     18 April 2011

Hello Kumar,

Thanks for your response, please find the below details as you requested,

1) Mr. X (Father) gave registered GPA from channapatna sub-registrar office Karnataka state, India to Mr.Y (son)

(Mean Father gave registered GPA to His only son in year 1980 since Father was very much aged)

2) In Year 1983 Mr.Y executed registered GPA from same channapatna sub registrar office Karnataka state, India, in favaour of Mr.Kumar and Mr.Raju both are sons of  Mr.Manjunatha (blood brothers by relation) due to his finacial need because Mr.Y cant sold this property for 15 years.

Mr.Kumar gave notary GPA to his elder brother Mr.Raju in year 1993. and Mr. Raju sold site no#34 to Ajay in 1995, since  Mr. Raju got notary GPA from his younger brother Mr.Kumar for Mr.Kumar's portion (1 acre 33 quantas orginally belongs to Mr.Y) totally 3 acres 25 quantas area land came to Mr.Raju, To avoid any legal problem in future Mr. Raju requested Mr.Y to execute registered GPA to whole land in favour of Mr.Raju, so he got registered GPA from Mr. Y in year 1997 in Hosur sub registrar office Tamil Nadu state. hope this will clear your doubts

3) Unable to get approved planned layout copy and no sites currently available to buy in this layout, long back this layout became BBMP.  If we see RTC still it is showing Mr.X and Mr.Y name also same in mutation register.

4) Mr.Y name, Mr.Raju and Ajay name is reflecting in EC from 1989 to till date.

5) Mr. Y was already died, no legal heirs for Mr.Y.  (No children ), Mrs.Y (Wife) was died before Mr.Y

Now please suggest me.

 

Thanks and Regards

Sundesh

kumar (NIL)     24 April 2011

Dear Sundesh,

One last question

1. Who is Manjunatha and what is the relation with Mr. Y ??????

2. Does Mr. Raju & Mr. Kumar is having any other registered document (apart from GPA) ! If yes find the details.... If they are not having any registered document, then the don't go for it..

     You can go for purchase, but if you want to go for a loan for the same property - defnitely legal will not clear. As per law one GPA holder can not transfer his rights to another GPA holder.....

     I suggest you to don't take the property unless until legal will not clear. And i suggest you to approach a lawyer regarding the same. But as per as my concern, it will not get through...

 


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