Bought an industrial plot jointly but facing some legal issues.Need expert advice

Q: My friend's father bought an industrial plot jointly with his brother's wife. Brother's wife gave the GPA to her brother-in-law who sold the the property to a third party around 30 years ago but the property was not registered in favor of that party. Third party is no more there and the title stands in favor of my friend's dad and his brother's wife. My question is to whom does the property belong legally. The legal heirs of the third party are insisting on a transfer deed to be executed by my friend's dad. But he told that he has already given a sum of money for registration of the property and it was not used for registrations. Is he eligible for any compensation for that amount? Is it safe to transfer the title in favor of the legal heirs again?

Srikanth Reddy, Hyderabad

19th March 2014

Legal in Hyderabad

general power of attorney

registration of the property

sale deeds

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Replies (5)

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Danaya, Hyderabad

24th May 2014

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Suvidha Estates With Opulent Holdings Cheated people with Sai arcade project at beeramguda.

Danaya, Hyderabad

24th May 2014

Comment

Hey , It is the failure of the purchaser who did not get it registered in a legal way 30 years ago. The property legally belongs to the father and the father’s sister in law. There is also no legal way to accept the purchaser's heir’s claim saying their ancestors gave money for the registration to the father which was not used to pay for registration. So legally there is no way to prove that the property belongs to the purchaser or the purchaser's heirs. So your friend’s father need not transfer the property to their name. If you need further clarification, please contact a lawyer.

Gurmeet,

19th May 2014

Comment

The below clarifications are required for detailed reply. 1. You said GPA was executed in favour of her Brother-in-law. Whether the GPA holder is your friends dad or another person. 2. Whether the GPA was executed to the extent of her share or for the total property.and whether the physical possession was handed over to or not.3. Whether the GPA is registered and irrevocable in nature or not. If these are clarified a detailed reply can be forwarded. E. Ramachandra Rao, Advocate. ramachandrarao.e@gmail.com

Ramachandra Rao, Khammam

5th May 2014

Comment

Legally the property belongs to your friend's dad. Stamp duty is required to be paid by the buyer and not by the vendor. Since it is not legally transferred, your friend's dad is not eligible for any kind of compensation. Thank you

Praneeth Kumar, Hyderabad

19th March 2014

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