Buying agriculture land from seller who is having gpa
Vijay Kumar
(Querist) 21 December 2014
This query is : Resolved
Hi,
I am about to buy Agriculture Land from the Seller who is having Registered Agreement of Sale cum General Power of Attorney (GPA) of the Land. I have verified the documents and it's properly registered GPA in the nearest SRO office. But I have few doubts before I proceed to purchase this Land.
1) Does this Seller who is having Agreement of Sale cum GPA has full rights of the Land and can sell this property to anyone without any LEGAL issues
2) Also, I couldn't find the signature of the Buyer (now the seller to me) in Agreement of Sale cum GPA document. I could only inf the original Land owners signatures and the witnesses signatures. Is it general format of the GPA or is it something that is suspicious.
3) Since there is no transfer of Title/ownership, transfer of the property/Land through GPA, can the original Land owners cancel this GPA anytime in future and is it possible to revoke the GPA from the original LAND owners, Or Is it true that Agreement of Sale cum GPA is irrevocable
4) Since as per Adaani and Pahani Documents of the Agriculture Land, the land owners are still the original land owners but not the Seller who is having Agreement of Sale cum GPA. So if I buy the Land from th Seller who is having Agreement of Sale cum GPA, is it Possible that the there is Title transfer of Land / Transfer of ownership of Land is possible. I mean after buying the Land from the Seller, can I have the Ownership of the Agriculture Land and whether I can get my name reflected as farmer in Adani/Pahani documents and get the Farmer Pattadhar Passbook. Please clarify the same.
5) If I am purchasing the Agriculture Land through Seller who is having Agreement of Sale cum GPA, what should be best process/procedure to follow to buy the Land, whether it should be through Sale Deed/Title Deed or it should be though only Agreement of Sale cum GPA. Please clarify.
Above are the few doubts/questions that come to my mind when I have gone though these documents, I request experts here to clarify my doubts and suggest any other things that I should be careful before proceeding to purchasing this Agriculture Land.
Thanks & Regards,
Vijay
Devajyoti Barman
(Expert) 21 December 2014
Without physically verifying the relevant deeds it is not wise to comment on title of the seller.
In short if the GPA holder is not the family memeber of the seller then do not buy the property at all. I am not sure about the other documents since i have not inspected those.
It is advisable to meet a local lawyer to show him all the papers.
prabhakar singh
(Expert) 21 December 2014
An agreement to sale does not convey title in favor of an agreed purchaser.
However a Registered Power of attorney by the principal authorizing agreed buyer to sale is valid unless the very identity of the GPA executor(the principal land owner)
or that of holder(the agent and the agreed buyer) is in dispute.
A GPA is revocable document and an agreement to sale is enforceable at law with in 03 years from execution or time of performance stipulated in the deed at the option of agreed buyer against the owner who breaches the agreement to sale.
Rajendra K Goyal
(Expert) 21 December 2014
Agree with the expert prabhakar singh ji.
ajay sethi
(Expert) 21 December 2014
better consult a local lawyer before purchase of the property .
Vijay Kumar
(Querist) 22 December 2014
Thanks experts for your answers, will show all the documents to local lawyer.
T. Kalaiselvan, Advocate 
(Expert) 25 December 2014
The query needs proper scrutiny of all documents/relevant papers, without which no concrete opinion can be rendered. Better take an opinion from a local lawyer before venturing into the purchase.
