Uncle legal heirs ought to have sold property by registered sale deed to confer title on buyer
2) mere sale by POA does not confer title to property
3) surviving members of buyer ought to approach uncle heirs for registered sale deed in their favour
Sale of residential property on irrevocable GPA
1. My father and his elder brother purchased a plot in New Delhi together in 1955. 2. They signed on a stamp paper that which part of the plot belong to whom. No partition deed was made but they constructed two separate houses in that plot. 3. My father's elder brother died (intestate) in 1975. 4. Later on my father two died 5. When my father was alive wrote on a stamp paper in presence of two witnesses that "law of inheritance will prevail" after his death by revoking earlier will made by 4. The half plot on which my uncle constructed the house was sold on GPA by my uncle's all children. 5.Unfortunately, the buyer who paid the amount as per Power of attorney was unmarried too died soon before any registration or mutation of the property in his name could be made. He was then survived by his other family members. 6. No one is occupying the empty flat since then and is in bad condition. 7. What is the status of that property now and what should be done and how we need to go about?
Asked 3 years ago in Property Law
Religion: Hindu
11 Answers
My father is now survived by his one son and four daughters. My mother too expired in 2019.
Asked 3 years ago
On father demise his share would devolve on you and your 4 sisters equally
I presume your mother predeceased your father
- As per law , after the death of your father intestate , his property would be devolved upon all his legal heirs i.e. one son and 4 daughters equally.
- Further, if he has left a WILL , then in the event of no dispute that WILL can be executed and distributed the property according as mentioned in the sais WILL
- Further , as there is no sale deed was executed by the legal heirs of your uncle , then that property not has been transferred in the name of purchaser and till date that property can be claimed by uncles legal heirs.
- In the absence of no legal heirs claiming that flat , then class ii legal heirs can claim that flat .
1. by conduct of the 2 brothers the plot was mutually divided between them
2. so there is indeed a partition but its just not recorded in writing
3. your father's share of the plot will now devolve on you and your 4 sisters equally
4. the uncle's share of the plot would devolve on the legal heirs of the purchaser of that portion of the plot
1. That flat which was sold by registering a Deed of Conveyance through GPA to a third party who has died subsequently will be inherited by his legal heirs.
2.You can not lay any claim on the said empty flat as per law.
1. You can divide the property left by your deceased father amongst all his legal heirs by registering a partition/settlement deed.
2. If your sisters wishes to relinquish their share on their deceased father's property, they shall have to register a relinquishment/gift deed in your favour.
1. You can divide the property left by your deceased father amongst all his legal heirs by registering a partition/settlement deed.
2. If your sisters wishes to relinquish their share on their deceased father's property, they shall have to register a relinquishment/gift deed in your favour.
Since the share of your uncle's property devolves on your uncle's legal heirs, it is they who have to take steps to acquire the property and maintain it in future.
The legal heirs of the deceased POA holder are not entitled to to acquire the property even though the POA holder has paid full sale consideration amount but since it was not registered on his name and after his death the POA deed remains automatically cancelled, the said property will revert to legal heirs of the deceased owner.
Neither your father nor his legal heirs are entitled to any share in the property that was orally partitioned between your father and his brother and had been in the possession and enjoyment of their respective shares in the property.
You can file for grant of succession certificate and letters of administration in order to inherit the property. Property will be divided in equal proportion between you and your siblings.
You will also had to find a suit for partition to get your share in the undivided property as per law.
You will inherit 20% of the property of your deceased father. Your siblings will be entitled to the same share.
Sale is not possible now from gpa. Sale deed is mandatory
