Property inheritance and dispute

706 votes

Hi there, in your case since will was cancelled you'll have to get SMC from MCD and post that you'll have to file for succession certificate in court of local jurisdiction. Once these are done then you can go on and get mutation done and registration done in your name. However, in order to provide you with an appropriate strategy I'll need to verify the documents. Therefore, it's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

737 votes

The said document is wholly inconsequential and devoid of any legal effect. The alleged authority claimed by RD was exclusively derived from the Will. Once the Will itself stood revoked/cancelled, the very foundation of such authority ceased to exist. Consequently, any power purportedly exercised by RD thereunder is void ab initio, non est in the eyes of law, and incapable of creating, extinguishing or affecting any right, title or interest in the subject property. In the absence of any subsisting testamentary instrument, the estate of the deceased devolves in accordance with the applicable law of intestate succession, and the property shall accordingly be governed by the statutory scheme of succession.

Advocate Rajal Rai Dua LawRato

851 votes

Since the Will was cancelled, the property becomes intestate. The Relinquishment Deed (RD) based on a non-existent Will is void. Property now divides equally among all Class I heirs of the grandfather in consonance with the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

910 votes

This advice is issued on the basis of the facts stated by you regarding a parcel of land in Delhi purchased in the year 1997 through documents comprising a General Power of Attorney (GPA), Agreement to Sell (ATS), affidavit, and receipt. You have stated that the GPA records absolute powers in your favour, including authority to deal with the property, and describes itself as irrevocable. You seek clarity on converting this GPA-based transaction into a registered title. Under the settled legal position, transactions based solely on GPA, Agreement to Sell, affidavit, and receipt do not convey legal ownership or title. Such documents evidence possession and contractual rights but do not amount to a valid transfer of ownership in the absence of a registered conveyance. The description of the GPA as “irrevocable” or the conferment of wide powers does not alter this position, as a GPA is an instrument of authority and not a document of title. Given that the transaction dates back to 1997, it is recognised that GPA-based transactions were common at the time. Courts have acknowledged that such documents can be relied upon to seek completion of title through a lawful conveyance, provided there is no dispute regarding consideration, possession, or identity of the parties. However, the GPA itself cannot be “converted” into ownership by re-registration. A clear and marketable title can be obtained only through execution and registration of a sale deed or conveyance deed by the original owner. If the original seller is alive, the transfer would require execution of a registered sale deed before the Sub-Registrar upon payment of applicable stamp duty and registration charges. If the seller has passed away, the conveyance would need to be executed by his lawful heirs, subject to their acknowledgment of the earlier transaction. In situations where cooperation is unavailable or disputes arise, the appropriate legal remedy would depend on the specific facts, including limitation and the nature of the rights asserted. It is also relevant to note that transfer and registration are subject to verification of the property’s status under applicable local laws, including revenue records, municipal regulations, and any restrictions on transfer. Registration authorities may decline registration where statutory prohibitions apply. In summary, while the GPA, ATS, affidavit, and receipt reflect a long-standing transaction and possession since 1997, they do not by themselves confer ownership. Legal title requires a registered conveyance, and the irrevocable nature of the GPA does not substitute this requirement.

Advocate Yuganshu Sharma LawRato

507 votes

Even otherwise, after your grandfather’s dearth, the legal heirs were SON 1 and (Legal heirs of SON2 i.e Your mother & you), so if your mother has done R deed on basis of WILL then you need to cancel this R deed n make new and if the WILL was not in picture while making R DEED then it’s all good to go

Advocate D. Khan LawRato