• Assignment Deed or which

I plan to do an agreement for a property dispute, details are as follows :

1. Title dispute since 30 years in court.
2. Legal heirs are 27 in person.
3. Cant Do registration because of heavy costing.
4. Can take GPA power to sale with registration because it cost 1%.
5. I want to one time agreements and get rid of these characters.
5. These legal Heirs are a kind of hostile character. Today they do any agreement with us and tomorrow they will jump to another party for another agreement.

My Question SIR:

1. What kind of agreement have to do with them.
2. As I told I can do a GPA with Sale powers.
3. If I take GPA with Power to the sale then Court will ask rule 33 for new cases.
4. GPA with power to sale is registered and the legal heir becomes hostile about what to do.

Please suggest to me what kind of agreement is suitable for me. Someone suggested that I can for Assignment DEED for full and final rights. Please give me if any good solution 
Thanks
Asked 3 years ago in Property Law
Religion: Muslim

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5 Answers

1. Sale agreement. 

2. GPA should be done by registered document.

3. No. It shall  not ask for any rulings. 

4. If the legal heirs are turning hostile the you may contest their stand in the court. 

T Kalaiselvan
Advocate, Vellore
87818 Answers
2365 Consultations

Has court passed any stay order ? 

if stay order has been passed by court no agreement can be entered into by legal heirs with you 

 

they have to file consent terms in court regarding sale of property to you 

 

on said basis suit can be disposed of 

 

then sale deed executed in your favour 

 

GPA  does not confer title to property 

Ajay Sethi
Advocate, Mumbai
97618 Answers
7902 Consultations

1. Since the case is pending before the court , then you can reconcile the dispute after requesting a mediation and settle the dispute amicably. 

2. GPA having no legal value , if it related to property.

3. If other parties hostile , then you can continue the suit 

4. Not a valid 

- Assignment deed cannot make a person owner of the property . 

Mohammed Shahzad
Advocate, Delhi
14778 Answers
225 Consultations

1. You need to do partition deed with them if they agree. 

2. Yes you can do but you can't further sell it through GPA. 

3. As per SC judgement you can sell through gpa now. You need to execute sale agreement. 

4. Then the property will again go in dispute and title will be defective. 

Prashant Nayak
Advocate, Mumbai
32941 Answers
209 Consultations

Dear Sir

1. You can either reach some consensual agreement out of court or continue the suit

2. Yes you may register for a GPA

3. You could execute the sale deed

4. GPA will not help in this case as it does not make you the owner of the property

Thank you

Anik Miu
Advocate, Bangalore
10427 Answers
121 Consultations

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