1. If all the legal heirs of the father has signed the deed then there is no prob;em.
2. If deed of sale is there, no need for deed of lease.
GPA and lease deed for property
A property has a regular GPA and regular lease deed made in same day around 15 years a ago by oversight by farther and their 2 sons (no wife, no daughter, no children for 1st son, 1 son for the 2nd). Both deeds are in favour of same person, now the person has executed the GPA and sold the property. During the this period the father has been expired but as per our lawyer advice GPA will be in force because 2 son also give the GPA including the father. We have the ratification deed singed by 2 son for execution of GPA (notary only) 1) Now the question is whether the present owner has a problem or not? 2) Should he go for cancellation of year lease deed since it is reflating in ec. Please suggest me what to do.
Asked 10 years ago in Property Law
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11 Answers
gpa is signed by the father AND all son , but during execution the father has died , since son,s are the legal hires ( wife- already died before gpa signed ) our lawyer advice was the gpa will be in force . hence the sale deed was executed. for the above sale deed the confirmation letter taken for the 2 son,s signed by notary . now is the above documents enough . 2 the same property has also has lease documents singned by the same people in favour of the above person , now the property is sold by the above person (gpa holder) . the problem is in EC the lease is reflating . the present owner the is the wife of gpa & lease holder now should I ask the 2 sons to cancel the lease deed in order to solve the EC problem . please ans the question 1 &2 separately. intension is the the problem of ec and owner ship should be clear thank u
Asked 10 years ago
1) your query is not clear .who is the owner of property ? you have said father and 2 sons have executed GPA and lease deed .. if as per EC wife is reflected as true owner on her demise property would be inherited by the husband and 2 sons . .. i presume that deceased mother did not have any daughters as legal heirs .
2) if there are no other legal heirs then lease deed could have been executed by father and 2 sons. whether any legal heir certificate was obtained . why was mutation not made in name of father and 2sons
3) if GPA is coupled with consideration it would continue to bind the 2 sons
4) the documents mentioned by you have to be perused to advice .
1. It is unclear from your query as to who is the original owner of the property. As per the facts furnished by you, wife's name is reflected as the owner of the property.
2. If on the date of demise of wife she had not made a will then the property devolved on her husband and two sons who should have got it mutated in their name immediately. The buyer also seems to have failed to carry out legal due diligence before purchasing the property in as much as he purchased it in spite of the fact that mutation had not yet place.
3. The buyer may as a matter of legal prudence file a lawsuit for validating his ownership to the property.
1. Who was the owner of the property? The father or all three?
2. Since the father exipred before utilising the said GPA, the father expired, the said GPA became invalid hence the said sale conducted by virctue of the said invalid GPA also has become invalid,
3. Get the ratification deed executed by the sons registered,
4. Since the property has been sold, get the lease deed cancelled to clear the legal mess.
Hi, as per your narration GPA was executed by 3 person including father and two sons and it was registered GPA and in the mean time father was died and in the circumstance GPA has no validity as the GPA died along with person and it can't be valid in part so entire GPA is not valid.
the property belongs to father say A . (he Is a widower ) he has 2 sons i.c B & C. now A,B,C has done a GPA & Lease deed on the Same day for X, consideration not mentioned, but right given to sell, now X sold the property to Y (trough GPA) ( during this period father is dead.) for the above transitions B & C has given ratification deed confirming the action of X & Y (only notarised). now the property is in the name of Y from past 5 years. But in EC the lease entry is reflating . can X cancel the lease in favour of Y ( present owner ) now. 1 is gpa valid since it also include the legal hires. 2 how can make this paper clear at present I have no problem by B & C & X
Asked 10 years ago
1)if X has sold the property to Y through registered sale deed Y is absolute owner of property.
2) once sale deed is executed X has no right , title interest in property .
3) sale deed executed by X cannot be cancelled . the problem with your query is on one hand you say X sold the property to Y . in the next para you say can X cancel the lease deed .
4) documents cited by you need to perused . consult a local lawyer .
Hi, GPA is not valid, as already informed you at the time of executing the sale deed executed by X to the Y then A has died and GPA dies along with the person and even though A, B and C has executed the GPA once A died and it can't be valid and EC entry is there you can't cancel as it shows the transaction and X can't cancel the lease in favour Y as he has not owner of the property and further notarized rectification executed by the B and C is not valid it is valid only if it is registered.
1. Y is the absolute owner of the property if X executed the sale deed in his favour. On the transfer of ownership to Y, X ceased to have any right in the property, so he cannot unilaterally cancel the sale deed.
2. The nexus between sale deed and lease deed is incomprehensible. The documents need to be perused threadbare. so consult a local lawyer.
expose your question with exact situation better contact lawyer nearby.
1. You said that the property belonged to A. If so, then why did B & C also executed the GPA? They are not legally concerned with the said property during the lifetime of A,
2. Next important point is that you are not making it clear whether A expired before X sold the property to Yo or not. you are saying "now X sold the property to Y (trough GPA) ( during this period father is dead.)". This "during the period" is confusing. Has A expired before X registered the sale deed to Y? If yes, then the said sale is invalid since the GPA became invalid after the expiry of A,
3. If A expired after the sale deed was registered by X in favour of Y then the said sale is perfectly valid,
4. If the sale is valid & the EC is reflecting the lease entry then cancel the said lease agreement & get the sale deed recorded therein.
once sale deed executed in favour of buyer and buyer has been in possession over the property then GPA, which was executed prior to the sale deed has no effect. in your case GPA was signed by legal heirs which were alive on the date of execution. You have no issue regarding possession and ownership. sale is authorized process in T P Act and it shall prevail over GPA because GPA is unauthorised process for transfer of right, in GPA stamp duty is far below than sale therefore govt. bear loss in transfer of right and also court recognized sale deed against GPA.
