One of my friends' father purchased property GPA/SA/Will in 1988. All three documents are registered. Now my question is my friend's father expired recently (June 2013). Having GPA >>First registry has been done by my friend's father. When my friend contacted the original allotted to come and sign for second registry, he is demanding huge amount which is out of his reach. He gives threat on phone.(like he is give me the money or I will do POA with somebody else and you cannot do anything else.) What should be done please advice with best possible ways to tackle such greedy persons.
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GPA will cease to have any effect on your father death . your father ought to have transferred property in his own name . whether property has been transferred in your father name on basis of registered power of attorney . ?if property has been transferred in your father name you dont need original allot tee for second registry .
it it has not been transferred better arrive at an amicable settlement with the seller .
The GPA ceased to exist after the death of your friend's father. Was the property registered on his name by your friend's father? If the property was transferred in his name then you do not need the original allottee again. If no transfer was made then going to court now may be futile, in which event he should arrive at a settlement with the seller.
Can you please advice If I approach the court it would be totally futile ?Why .My friends is having registered agreement on the bases of sales agreement will it be not fruitful to approach court? Please suggest ? One thing more I want to add that he is residing there more than 25 years .His father was paying all the taxes and bill and his father has paid all the installments . So my question is are these all evidence are futile for approaching the court?
the problem with you is that you are not clear with your facts . both i and my learned friend MR asish Devasar has asked you whether property has been registered in your friend father name . if property has been registered in your friend father name you dont need to go to court . always remember to answer queries posted to you by experts .
if your friend is residing in said property for 25 years he can always claim adverse possession as defence . . it is better you contact a local lawyer with the case papers
First of all Thanks for your reply!! My Friend's father as as having GPA did the first registry and here in authority says that 2nd registry has to be done in favor of friends mother >>now that friends father expired so for 2nd registry original allotee has to come and sign the 2nd registry .
if property has been registered in your friend father name then he was absolute owner of said property .
on his death mutation has to be done in name of legal heirs ie his mother and her children . .
you dont need original allot tee signature now . once property transferred in name of legal heirs they can dispose of the property