GPA ceases on death of aunt
2) registered sale deed is necessary to confer clear and marketable title to property
3) uncle should apply for mutation of property in his name on wife demise
4) object to mutation in her brother name
My uncle's wife died in the corona pandemic i.e. on 20.11.2020. The old couple had no children from wedlock. Facts of my query are that, the deceased wife was an uneducated old lady and his brother taking advantage of the same, made a will in her name and got it registered at concerned revenue authority. According to the will all the property and jewelry which is in name of deceased wife shall develop upon him (His Brother) after she dies. Now as on today, unfortunately, my aunt is no more now. The property's sale purchase was done through GPA in 1990 and my deceased aunt was the GPA Holder. As the property is the only available home for my old uncle, can he do something about it in court of law to save his hard earned properties?
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GPA ceases on death of aunt
2) registered sale deed is necessary to confer clear and marketable title to property
3) uncle should apply for mutation of property in his name on wife demise
4) object to mutation in her brother name
First of all the property in the name of deceased aunt cannot be transferred by anyone including the beneficiary of the Will she is reported to have given it during her lifetime.
The GPA deed is not a title document, hence the GPA holder cannot claim right or title to the property on the basis of GPA deed on her name.
Further the GPA deed stands cancelled or revoked upon her death and the property shall revert to the original landowner automatically upon the death of the Power holder.
However as far as her jewels are concerned, it can be acquired by the beneficiary of her Will because the Will has been made by a registered document.
Legally the husband of the deceased wife cannot claim any rights over it since she had executed the Will during her lifetime and it was registered.
It becomes the burden on the deceased uncle to prove that this Will was obtained by playing fraud on the testator by the beneficiary.
if the Executor of in question GPA is alive then can my uncle make a new GPA under his name with respective to the properties and register the new GPA under PM UDAY YOJNA which is an initiative to give title rights to GPA properties in Delhi? Can this solve the problem and the fake will, will stand out of the equation?
If the grantor of the GPA deed i.e., the principal is alive then at his discretion he can transfer the property to anyone directly instead of once again giving a GPA to a third person.
Please remember that the GPA deed is not a title document and the holder of the GPA cannot claim title to the property on the basis of GPA.
You have misconceived your remedies by misinterpreting the proviso's of PM Uday Yojana.
The PM-UDAY scheme to confer ownership rights to people living in unauthorised colonies in the national capital is being implemented by the Delhi Development Authority (DDA) "on top priority.
Under the PM-UDAY (Prime Minister - Unauthorized Colonies in Delhi Awas Adhikar Yojana), a portal has been developed mainly for two purposes, registration of residents and filing application for conferment of rights in unauthorised colonies.
Uncle can make new GPA in his name
better option is for principal to execute registered sale deed in your favour
Dear Sir/Ma'am,
1. A will irrespective of its registration can be challenged on the following grounds,
2. The burden of proof in contesting a suspected fraudulent will is on you. This requires you to seek evidence that will at least give you more than a 50% chance of winning if it goes to court. It’s important you understand that without this probability you won’t have a chance of winning your case.
3. Step 1 Filing of the suit
The registration of case with the appropriate seat under the civil jurisdictional court. Different Indian states have different nomenclature of courts where matters relating to registration of documents are filed under section 18 of the Registration Act. Different courts have different form number for matter relating to registration of instruments.
Step 2 Issuing of Vakalatnama
Through Vakalatnama, a person gives all the authority to a lawyer to represent on their behalf. No tax is levied on the paper of vakalatnama, but nowadays various high courts have started to issue stamp papers of various denomination.
Step 3 Paying of requisite court fee
In Maharashtra, for example, a court fee of INR 25 is payable for assets less than INR 50,000; 4% of assets between INR 50,000-2 lakh, and 7.5% for assets over INR 2 lakh. There is a ceiling of INR 75,000.
Step 4 Initiation of proceeding and writing of statement
After the case is accepted, the court will release summons issuing notice to the opposite party to appear before the court. Before such date, the defendant is required to file his “written statement,” i.e. his defense against the allegation raised by plaintiff, within 30 days from the date of service of notice, or within such time as given by the court. The burden of proof is on the person making the allegation on the will to prove that such will is mala fide in nature and do not represent the intention of the testator.
Step 5 Filing of several documents in support
Legal heir certificates, and other required documents. And lastly, listing of witnesses and due process of hearing.
4. Yes, your uncle can make a new GPA in his name.
Thank you
1. Understand that your uncle is still alive when his wife's property is being usurped by her brother through a Will purportedly made to sign by her under deception.
2. First of all your uncle shall have to lodge a police complaint immediately alleging the said deceptive act of his brother in law.
3. Thereafter he should file a declaratory suit praying for a declaration that the said will registered under deception and fraud, is invalid, delivery of the will and direction upon the registrar to cancel the same.
- Even there is a WILL in favour of him , then also your uncle can claim a right over the property of his deceased wife - During the life time none having right to claim over the property , and further GPA is not a legal document for transfer of the property .
- Further , if he has already sold the property to third person , then your uncle can file a declaring suit before the court to cancel the sale deed.