Property Dispute in 2 brothers
3 years ago
Hello my lord,
When we are kids age between 4-5yrs, My father bought a power of attorney house from an allottee, and made GPA on my big brother (age4yr) and my alive mother' name, after my mother died, my father made another GPA in between my brother (now age 40) and me (age 30) to divide 50-50 share of that house, now my babhi(my brother's wife) force me to vacant that 50% share in which I am living with my 2 childer and wife, kindly suggest me the resolution sir its a humble request.
Adv. Sarika Khude
Responded 3 years ago
Advocate Niyas Fazal A
Responded 3 years ago
You have discuss with your brother if he doesn't agree file suit for partition.
Since you have a 50 percent share in the property, you cannot be forced out of the house. The General Power of Attorney grants only broad powers to a representative. So your brother cant carry a legal transaction by holding 50 % of the GPA. He will be vested with managerial rights, or the right to pay utility bills etc., which you also posses. If you find this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since you and your brother have 50-50 share of the house, the title of the property is mutually shared by you and your brother. By giving a GPA, one can make them responsible to manage their estate, to manage rented properties, pay utility bills and act as their representative in home loan-related transactions. GPA doesn't transfer a good title to the buyer. You may be in “possession” of the property but in the absence of a registered sale deed, you will not be its legal owner. In the absence of clear property tiles, it would also become almost impossible to sell the property in the future, unless of course, you do it through a GPA, prolonging the illegal course of action. Your brother's wife can't force you out of the house as you have equal rights in the property. If you find this helpful, please rate us.
Jagannath S Pawar
Responded 3 years ago
POWER OF ATTORNEY
Registration of Power of Attorney for deemed membership to association
Need for registration of Power of Attorney for deemed membership
Validity of GPA
GPA for Donee Accepting Immovable Land Gift Deed
