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Ancestral property sold by a person can we file a case
04-Jul-2023 (In Civil Law)
my father had property in Bangalore he was the owner of the property..he had four brother and they are also share holders for the property.we had to sell our property we gave GPA to a know person he selled the property without informing to the owners.can we put case on the property?
Sir/Madam,
I would require more details to answer this query. Who was not informed? Were the other three parties informed by the GPA holder? Was the GPA a registered document? If we can discuss these and other details, I would be in a better position to advice you.
I would require more details to answer this query. Who was not informed? Were the other three parties informed by the GPA holder? Was the GPA a registered document? If we can discuss these and other details, I would be in a better position to advice you.
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Adv. Viswesh Sekhar
Bangalore | 25+ Answers
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What is the full form of a P in court?
AP means Administrative Procedure.
What is EP order?
The process of giving effect or enforcing the judgment or order of the court is called enforcement [1]. The judicial process is used to enforce the courts decision and allow the decree holder the benefit of the judgment passed in his favor by the competent court[2].
What is EP case type?
EFA EXECUTION APPEAL FIRST APPEAL. EFA-COM Execution First Appeal Commercial EP Election Petition. EP-COM Execution (Commercial Petition) 24-Mar-2023
What is the full form of EP legal?
Only when a law is properly enforced can it be said to be a valid decree or order. In legal terms, bringing a judgement into effect is known as Execution of Decree. Execution proceedings is the general term for the process of executing a judgement. 18-May-2019
Sir, u can file a os suit challenging the sale against your wish and will against the seller and purchaser, and also can file a pcr complaints for fraud and criminal conspiracy against the both and also can file a objection in sub register for transfer of Katya, if it is not transfered.
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Adv. Arvind Singh
Bangalore | 100+ Answers
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First let me know whether GPA is regd., one or not? If it is regd., then you cannot do anything, if it is not then sale is invalid.
If you want to challenge the sale, one of the co-parceners i.e., you, your sisters and your uncles sons or daughters will have to file a suit for partition and seperate possession. You will get share in the share of your father.
Your father cannot sell the ancestral property, he has got right to sell the property to the extent of his share only.
If you want to challenge the sale, one of the co-parceners i.e., you, your sisters and your uncles sons or daughters will have to file a suit for partition and seperate possession. You will get share in the share of your father.
Your father cannot sell the ancestral property, he has got right to sell the property to the extent of his share only.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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A recent supreme court verdict is quite significant, in disallowing “General Power Of Attorney” (GPA) as a legitimate way to transfer property title
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
if the GPA holders name appears as seller and not that of the original seller. Note that even though a GPA is executed, the original owner would be the current owner. If the GPA holder seems to have full control of land or property without just power of attorney, then it can be considered a void transaction.
If duly stamped & registered POA is given to a person for sale of property then he has the liberty to enter into agreement to sell the property. If you have revoked the POA, you should have given wide publicity in the leading local newspapers. Whether the POA entered into is duly stamped & registered Agreement of Sale with a third party before you revoked the POA?. Sale agreement made 3 1/2 years ago will not be valid now. Registeed agreement of sale can be cancelled if both parties agree.
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
if the GPA holders name appears as seller and not that of the original seller. Note that even though a GPA is executed, the original owner would be the current owner. If the GPA holder seems to have full control of land or property without just power of attorney, then it can be considered a void transaction.
If duly stamped & registered POA is given to a person for sale of property then he has the liberty to enter into agreement to sell the property. If you have revoked the POA, you should have given wide publicity in the leading local newspapers. Whether the POA entered into is duly stamped & registered Agreement of Sale with a third party before you revoked the POA?. Sale agreement made 3 1/2 years ago will not be valid now. Registeed agreement of sale can be cancelled if both parties agree.
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Adv. Meera
Bangalore | 25+ Answers
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Yes, you can, what all documents you are having in your possession ? and do you have copy of the GPA ? obtain the certified copies of property and apply for copies of recent papers and get the address of present buyer.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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