Advocate Sudershani Ray

Questions Answered by Advocate Sudershani Ray

Q: Can registered GPA holder sell the property?

I am going to buy a flat in Pune. The builder has registered the GPA in the name of his son. He told me that the power to execute the sale lies with his son now. Is this valid and will this affect the sale? can a registered gpa holder sell the property?

Advocate Sudershani Ray answered
A GPA (General Power of Attorney) registration refers to the process of officially recording a power of attorney document with the relevant authority, usually the Sub-Registrar's Office. Registering a GPA involves submitting the GPA document along with the necessary supporting documents and paying the applicable registration fees. Once registered, the GPA becomes a legally recognized document.Regarding the authority of a registered GPA holder to sell a property, it depends on the specific terms and conditions mentioned in the GPA document and the laws of the jurisdiction where the property is located. In some jurisdictions, a registered GPA holder may have the power to sell the property on behalf of the property owner (the principal) if the GPA explicitly grants such authority.However, it's important to note that there have been legal developments and court judgments in India that have affected the enforceability of GPAs for property transactions. Some states have imposed restrictions or additional requirements on the sale of properties through GPAs. For example, in Maharashtra, the state has imposed specific conditions and regulations for the sale of immovable properties through registered GPAs.Selling property through GPA had become common practice across Indian cities, owing to the monetary benefits it offered, both the buyer and the seller. Typically, a sale deed must be carried out for transferring property titles, following which the buyer has to pay stamp duty and registration charges. If you plan to buy a property through GPA, you must remember that as a standard practice, banks do not lend money to property transactions done through GPA. For banks to lend money, clear property tiles are the first and foremost requirement.To ascertain the specific rights and authority of a registered GPA holder to sell a property, it is advisable to consult with a local property lawyer who can review the GPA document, examine the relevant laws and regulations of the jurisdiction, and provide accurate advice based on the current legal position.

Q: Can my neighbour construct boundary wall adjacent to my boundary

MY Neighbor has started building his new home without leaving any distance from one side of my boundary wall. his pillars are adjacent to my boundary wall. is it legal or illegal?? What are the boundary wall rules in India? can i stop him from doing this?? if yes, then how?? plz help

Advocate Sudershani Ray answered
The legality of your neighbour's construction and whether you can stop it will depend on the specific zoning and building regulations in your locality. Here are some construction rules for neighbours in India:Local building regulations: Check the local building regulations, zoning laws, and any applicable development plans or bylaws in your area. These regulations typically specify setback requirements, which determine the minimum distance that new structures must maintain from property boundaries. These setback requirements are in place to ensure safety, privacy, and proper access to sunlight and ventilation for neighbouring properties. If your neighbour's construction violates these setback requirements, it may be considered illegal.Communicate with your neighbour: It is usually a good first step to discuss the issue with your neighbour and express your concerns. They may not be aware of the violation or may be willing to make adjustments to comply with the regulations.Local authorities: If your neighbour continues to build in violation of the setback requirements or if they refuse to cooperate, you can report the issue to the local municipal authorities or building control department. Provide them with the necessary details and evidence of the violation, such as photographs or property documents.Legal action: If the local authorities do not take appropriate action, or if you believe your rights are being infringed upon, you may need to seek legal recourse. You may choose to obtain a court injunction to stop the construction or pursue a legal claim for the encroachment.Please note that the specific procedures and regulations may vary depending on your location. It is crucial to consult with a qualified property lawyer who is familiar with the laws and regulations in your area to get accurate and relevant legal advice tailored to your situation.

Q: Can I get a registered gift deed cancelled ?

My grand father has own agriculture land hy his hardwork nd he wrote nd registered gift deed to my mom nd nd my uncle(dad brother) nd after 3years my grandfather is saying I want my land back bcz my uncle is controlling my grand father nd he wants to grab land from my mom is gift deed cancelable it's registered in register office nd 3years back. what is the time limit for cancellation of gift deed?

Advocate Sudershani Ray answered
There are two modes of cancellation of a gift deed under Section 126 of the Transfer of Property Act of 1882:Revocation by mutual agreement of the donor and donee: The donor and donee may agree that the gift shall be suspended or revoked upon the happening of an event not dependent upon the donor. The condition for revoking the gift must be expressly stated in the gift deed or in a separate mutual agreement forming part of the transaction. This type of revocation is governed by the agreed-upon conditions.Revocation by rescission as in the case of contracts: If the consent of the donor was not free and was obtained through coercion, undue influence, fraud, or misrepresentation, the gift can be revoked on the same grounds on which a contract can be rescinded. The period of limitation for revoking gifts on these grounds is three years from the date on which the donor becomes aware of fraud, coercion, misrepresentation, or undue influence.It's important to note that the specific time limit for cancellation of gift deed on the grounds of fraud, coercion, misrepresentation, or undue influence is three years from the date of knowledge by the donor.

Q: Can father sell ancestral property w/o children consent

Can a father sell his ancestral property without permission of his children? If yes, what are the options for selling the ancestral property? After what age children cannot claim on ancestral property?

Advocate Sudershani Ray answered
Under Hindu law, the general principle is that a father cannot sell the ancestral property without the consent of his adult sons (coparceners). The concept of ancestral property refers to property that is inherited by male descendants from three generations, including the father, grandfather, and great-grandfather.According to the Hindu Succession Act, 1956, if a property is considered ancestral, it is held jointly by all the coparceners. Each coparcener has an equal share and a right to the property. In such cases, the consent of all adult coparceners is typically required for the valid sale or alienation of the ancestral property.The Karta, who is the head of the family, generally has the power to manage and administer the ancestral property. However, the karta's power is limited when it comes to selling or alienating the property. The consent of all adult coparceners, including the son, is usually necessary for such actions.It's important to note that there can be exceptions and variations based on specific circumstances, court interpretations, and personal laws. For example, in certain situations, such as legal necessity or benefit to the family, the karta may have the authority to sell the ancestral property without the consent of all coparceners.As long as someone is considered a coparcener and the property is ancestral, they can have a claim on it. The concept of the coparcenary and the rights of children to the ancestral property are not strictly dependent on age but on their status as coparceners within the family.

Q: Can i file a complaint against mahila mandal female officer ?

Sir my all family is Vitim of falls 125CRPC and , accused DV, Dowri tort on us n asking ₹ 500000 nett. And15000₹maintaince.they shown my income shown also falls.since five years we all are proooved unguilty even though in mahila madal also.she n her parents did not told any single word against.because I had brought 8vitness . But the madam forced me to give money to she n to self as her charge and taken sign on 18 of Oct.before all vitness.In nov.18.I rejected to give money n asked to send my wife. She raised hand to beat me n sister threatened 498, jail , highcourt ,10,00000₹ recover as comp. Before vitness.this before in fine insulted me before vitness in sep.18. Then she filed 125 In december may I file bribe n Defamation n cheating by filing fallcase n against her.pls guideme.My wife's parent were made insult by asulting me with silly words and come beating before 7witnes in phone also three years back.threaten to loose my job by filing case. Threat nof suicide from wife

Advocate Sudershani Ray answered
If a female officer of a mahila mandal near you has assaulted and defamed you in front of others, threatened you with false prosecution and extorted money from you, and subsequently launched a false prosecution against you under 125 CrPC, you can take the following steps to address the issues:1. Gather evidence: Collect any evidence you have, such as photographs, videos, audio recordings, or text messages that support your claims. These can be crucial in substantiating your complaint.2. File a police complaint: Visit your local police station and file a First Information Report (FIR) against the female officer, detailing the incidents of threats, physical assault, extortion, defamation, and bribery. Provide the police with all the evidence and information you have.The penal provisions that apply to your set of facts are -a. Criminal Intimidation - Section 506 of the IPC deals with the criminal offence of criminal intimidation, which can apply when someone threatens injury to another person's reputation, causing them to do an illegal act.b. Extortion - Section 383 of the IPC covers the offence of extortion, which can apply when someone uses force or threats to compel another person to deliver any property or valuable security.c. Assault - Section 352 of the IPC deals with the offence of assault, which can apply when someone intentionally uses force against another person without their consent.d. Defamation: Section 499 of the IPC covers the offence of defamation, which can apply when someone makes a false statement that harms another person's reputation.e. False Charge: Section 211 of the IPC deals with the offence of instituting false criminal proceedings against a person with the intent to injure that person.3. Contact higher authorities: If you encounter any resistance or inaction from the local police, you can escalate the matter to higher authorities. This may include contacting the Superintendent of Police (SP) or the Deputy Commissioner of Police (DCP) in your area and explaining the situation to them.4. Approach the State Women's Commission: You can also file a complaint with the State Women's Commission in your state. They are responsible for addressing issues related to women's rights and can assist in investigating and resolving the matter.You may also choose to consult with a lawyer who specializes in criminal law to understand the legal options available to you and guide you through the process, represent you, and help you navigate the legal aspects of your case. Remember, it is essential to act promptly and ensure that you have proper documentation and evidence to support your claims.