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My father and my uncle own a joint DDA flat in Delhi. My father expired last year. Now my father's s


25-Apr-2023 (In Property Law)
My father and my uncle own a joint DDA flat in Delhi. My father expired last year. Now my father's sister says she has a Notarised Power of Attorney of the whole flat and she says she has the ownership of the complete flat .  I have got the Relinquishment Deed executed in my name for the half undivided share of my father at the local SDM office in Delhi. Now i and my uncle want to sell the flat and divide the property equally. My uncle and I have no dispute and issues.  My aunt is threatening us with a Police complaint if we sell the flat.  How can we get a solution to this legal issue. We have the Conveyance Deed of DDA having my father's name and my Uncle's name. We and my Uncle have no dispute and we want  to sell the flat soon . Please advise on the legal issue
Answers (3)

Answer #1
882 votes
Hi there
We need to see the property documents as mentioned by you for relinquishment deed. Secondly, under whose possession is the property at the moment ?
Have u seen the GPA of your aunty ?
Did your uncle and father ever jointly executed GPA in her favour ?
We need more facts on your case !
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Answer #2
974 votes
We have perused the contents of your query and would advise you that you seek a detailed consultation from an advocate and get your papers and title documents legally verified. Both the conveyance deed and RD needs to be perused. Plus the POA of your aunt.
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Answer #3
572 votes
For that it is needed to be seen that of which year the Notarized GPA is there as she has alleged. As prior 2011, NOTARIZED GPA were considered as valid but post 2011, transfer through GPA is not valid. Police complaint will not be maintainable as it is a civil dispute and not a criminal offense, if so later arises. There are ways to safeguard yourself from such misdeed.
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