Advocate Sistla Rama Krishna

Questions Answered by Advocate Sistla Rama Krishna (400+ answers)

Q: How to convert agreement of sale cum gpa into sale deed ?

We plane to buy a open plot, but saller is in agrement of sales cum GPA in 2015, we dont know owner is alive or not, theare is any chance to buy this property without intimating to owner or any ligal hires, and any chance to convert that agrement of sales cum GPA to sale deed on the same GPA holder( self sale deed) without intimating to owner ? , how to convert gpa to sale deed ?

Advocate Sistla Rama Krishna answered
Dear Client, You must inform the owner of the property. As per recent Supreme Court judgement G.P.A. sales will not confer valid title. So go for purchase of land by owner only. I will cite gist of Supreme Court citation. No property sale on power of attorney: Supreme CourtThe court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.Gyanant SinghNew Delhi, October 13, 2011 | UPDATED 12:11 ISTA +A -Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds."A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."

Q: Unable to pay personal loans, how to put ip for loans ?

Hi, I lost my job, I have a 15 lakhs of personal loans, got married recently, not in a position to pay the liabilities to the top banks. Can I put for insolvency petition for personal loan ? , What is the procedure for that?

Advocate Sistla Rama Krishna answered
Dear Client, You can file petition to declare you as Insolvent. But you must know the consequences after you being declared as an Insolvent by a court. You will not be absorbed in any job in future and you lost credit worthiness and no loans will be granted by any national banks or non banking financial institutions. Try to clear the loans, if not now, at least in future. Think how to clear loan to banks. You fail to inform about your educational qualifications, lost job and job trials etc., My suggestion is not to opt for Insolvency, try to think of clearing loan and come up with a bright future. Even after this suggestion, if you want to decide to file a petition for insolvency, you must engage an expert advocate who has been dealing Insolvency Cases against banking companies and file a petition for declaring you as an insolvent. But you should file the petition before High Courts which have power to proceed with, to file an insolvency petition by individual against Banking Companies.

Q: What is the validity of gpa and agreement ?

Dear sir, I am Hindu. The owner of the property died leaving behind 6 legal heirs. We were not aware of this fact and entered into agreement in 2009 with only 3 of 6 legal heirs and also obtained g.p.a in 2007 from the same 3 persons. I request to know whether g.p.a and agreement would be legally valid? What is the maximum period for validity of gpa and an agreement? Thanking you in advance for letting me know this.

Advocate Sistla Rama Krishna answered
Dear Client, What is the nature of the document. Whether it is a General Power of Attorney cum sale or only General Power of Attorney. If it is only G.P.A. then it has only three years time of limitation. If it is G.P.A. Cum Sale it will long last till registration is made. What happened till now from 2007 or 2009. You must approach to get it ratified by getting regular Sale Deed in your favour. Whether property belongs to 1 to 6. Then what about other Legal Heirs apart from 3 persons. You must ask all to get registered a Regular Sale Deed

Q: Neighbours coconut tree damaging my property

Hello folks. I have a problem with my neighbors two coconut trees which have been planted touching my boundary wall which happens to be common. Good part is that we built that common boundary wall. Bad part is that one part of the boundary wall Has almost been displaced with all the tree roots jutting out from the bricks. Around 5 feet of the tree trunk is in their home and the rest is in ours. The tree grew that way. We asked them multiple times to cut the tree but he didn't take any action. The problem reached a worse situation when my wife was walking near the wall and a huge branch almost fell on her head. Luckily she had jumped so she escaped in time. I brought this to his attention but he says it's not his problem. The other side has a coconut tree which extends on our balcony g+1 home. It's rubbing against the balcony wall and already broke a pipe when there was heavy winds blowing in the area. When this was told, same response. Please let me know if there is a legal rules on planting trees on boundaries in india ?

Advocate Sistla Rama Krishna answered
Dear Client, You can get two course action. First action is that, the tree is almost in your site. You have absolute right, title, over your property including the tree portion which bent into the property. Then you can all tree cutters and cut the same to the extent which fell in your site. Second action is legal which takes time. You must issue a legal notice to your neighbor and get a suit filed and take order from the court directing the opposite party to cut the tree which causes harm to your family and in default you take the direction from the court for cutting the tree by yourself that is to say by engaging tree cutters and claim the costs of suit and damages for mental agony and labour for cutting tree. The same answer holds good for g+1 home balcony`s rubbing tree also.

Q: How to claim right in the ancestral property sold by father and time limit to claim ancestral proper

My father had sold our ancestral property in 1998 and 2005, but my brother and I were unaware of these transactions. For the other ancestral property sold, we were part of it, but for the ones sold in 1998 and 2005, we received no share. However, the revenue records still show my father’s name. Please tell us how we can get our rightful share in our ancestral property. Are we barred by the law of limitation? Is there any time limit to claim ancestral property? Can I claim ancestral property after 30 years? What is the time limit to claim ancestral property in India? Please provide a brief answer and mention the required documents.

Advocate Sistla Rama Krishna answered
You should file a partition suit against your father for the division of ancestral property. Even if he unilaterally sold portions of it, those sales do not bind you. There is no time limit to claim ancestral property by son in a partition suit, as it is an inherent right that is not barred by the Limitation Act. Obtain property documents from the registrar and file a suit to claim your share.