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Sale deed in name of himself by Gpa holder

(Querist) 31 October 2014 This query is : Resolved 
I got a gpa from my mother and will ( registered) & relinquishment deed and gift deed (notarised) from my mother who taken her share before signed the documents. I done a sale deed in name of my self.

Just I want to know that this sale deed is legal in all aspects? And after my life, anyone can question such sale deed and share resides with my heirs & mother could demand anything in future?

Please reply soon
Devajyoti Barman (Expert) 01 November 2014
If the sake deed was executed by your mother and it was duly registered then there is nothing to worry.
Sagar Sharma (Querist) 01 November 2014
Sir, GPA REGISTERED by mother and she living with daughter, my sister.
After that I registered a sale deed in name of myself.
But I have a doubt that after me she can take back and such sale deed valid or not ?
thanking u
Anirudh (Expert) 01 November 2014
Did you get the Sale Deed Registered in the Sub-Registrar's office by paying STAMP DUTY, on the basis of the GPA given by your mother in your favour?

On what date you got the Sale Deed Registration done?
Sagar Sharma (Querist) 01 November 2014
Yes I paid stamp duty around 1 lakh n registered in sub registrar office on basis of gpa. All done in may 2011
Sagar Sharma (Querist) 01 November 2014
Thanks to all for replying my query.
Anirudh (Expert) 01 November 2014
Since you say that you got the Sale DEED (not a GIFT DEED) Registered in the Sub-Registrar's office by paying applicable Stamp Duty, then that Registered Sale Deed will be a good proof that you own the property.

In that case, nobody will be able to question such sale deed. Do your other relatives like your brother(s)/sister(s) know that you have purchased the property from your mother. If not why not. If you have really purchased from your mother, then why you will not reveal to your own brother(s)/sister(s)? That means that you have kept the matter secret. In that case, there is every possibility that your relatives i.e. brother(s)/sister(s) can say that they were not aware about any such sale deed, all had been done in a fradulent manner, misusing the GPA given by your mother etc. In that situation, the Courts may look into the matter, even though you may have a registered sale deed in your hand.
Sagar Sharma (Querist) 01 November 2014
I elaborate the matter.... gpa done by my mother registered in which my sister is a witness... after gpa my mother also taken up a share of property by which she brought one property which was registered in name of sister now at will of my mother.
I done a sale deed after getting gpa. In sale deed I am purchaser and seller too. Now I want to know that such sale deed valid or not?
Sagar Sharma (Querist) 01 November 2014
Kindly look into the query carefully
Sagar Sharma (Querist) 01 November 2014
Kindly reply
Devajyoti Barman (Expert) 01 November 2014
The sale deed is very much valid and it can not be cancelled anymore.
ajay sethi (Expert) 01 November 2014
it appears to highly suspicious transaction . GPA has been executed by your mother in your favour and you have sold the property to your self . it can be subject matter of challenge in courts
Sagar Sharma (Querist) 01 November 2014
Kindly provide me useful resolution and information. Please
Kishor Mehta (Expert) 01 November 2014
Sir,

[1] When the property belongs to your mother and you have been granted a GPA, if you sell this property to yourself, the transaction had to be ratified by your mother.

[2] As you state that you also have a notarised gift deed to the property, it would have been better to get the gift deed registered, then the property could have been transferred to your name on the strength of a valid gift deed.

Good Luck,
Kishor Mehta

Sagar Sharma (Querist) 01 November 2014
Mother will not provide such gift deed now
Sagar Sharma (Querist) 01 November 2014
Mother provide such gpa after taking her share... now she again wants her share... gpa provides me sale condition and documentation advocTe told me i can transfer property to myself after registering sale deed.
malipeddi jaggarao (Expert) 01 November 2014
Only reply is such act of GPA holder selling the property for self can be challenged in the courts especially when your mother is not co-operative.
Rajendra K Goyal (Expert) 01 November 2014
GPA holder registered property in his own name, a suspicious and challengeable transaction. Consult a local lawyer and show him all the documents.
K.K.Ganguly (Expert) 01 November 2014
1. The sale is perfectly valid as per law,

2. I have arranged for such registration of sale deed wherein the buyer is the GPA holder of the seller.
Sagar Sharma (Querist) 01 November 2014
Sir K.K.Ganguly, I didnt get ur second point.
sale deed to self valid ? Gpa holder and buyer and seller are same in sale deed?
Dr J C Vashista (Expert) 02 November 2014
1. The document of Sale Deed executed by GPA holder in favour of himself is invalid, it is not a valid transaction.
2. Either of the things can be there i.e., either the purchaser (vendee) or seller (vendor)irrespective of the fact that he has acted on behalf of his mother, same person cannot act as vendor and vendee.
3. When the author is purchasing the property from mother, why mother has executed GPA in favour of purchaser?
4. There is great suspicion in the transcation.
5. Even the SR is well qualified and responsible officer, how and why s/he shall register such an unqualified transaction?
6. The author has posted this hypothetical and academic query where he states inter alia, "I have a GPA from my mother and a will (regisered) and relinquishment and gift deed (notorised)from my mother who has taken her share before signing....?"
What is the validity and authenticity of un-registered (notarised in instant query) either documents of RD/Gift deed, which have to be compulsorily registered?
Many more questions????
Contact, consult and engage a local lawyer and/or a tutor.
Anirudh (Expert) 02 November 2014
Dear Dr. Vashista,

With due respect, I disagree with your views on the answer contained in paragraph 1, 2 and 3, as the legal position is quite otherwise.
Guest (Expert) 02 November 2014
The Sale is perfectly valid If it Fulfills the Conditions and Requirement mentioned in GPA.
K.K.Ganguly (Expert) 02 November 2014
1. Your question is "sale deed to self valid ? Gpa holder and buyer and seller are same in sale deed?",

2. My answer is when GPA holder executes the deed he, as GPA holder represents the actual owner/seller & not himself. Similarly, the same deed he also signs as buyer & not as the said GPA holder,

3. In the Deed, it is mentioned that the seller/vendor is Mr. X who has given GPA to Y & Mr.Y signs the Deed for and on behalf of Mr.X,

4. I had the opportunity to prepare and arrange to be registered one such Sale Deed in Kolkata wherein the land owner executed GPA in favour of a reputed Promoter who, with the help of the said GPA, sold the land to himself and got the deed registered.
Kishor Mehta (Expert) 02 November 2014
Sir/s,

With due respect to the legal experts, I would like to draw attention to some very material and important facts of the matter:

The querist at one place states that:

[A] "I got a gpa from my mother and will ( registered) & relinquishment deed and gift deed (notarised) from my mother who taken her share before signed the documents. I done a sale deed in name of my self."

He further states that:

[B] "Mother will not provide such gift deed now"

He also states that:

[C] "Mother provide such gpa after taking her share... now she again wants her share... gpa provides me sale condition and documentation advocTe told me i can transfer property to myself after registering sale deed."

The above very clearly means that the original owner, mother, is now has adverse interests to that of the son, who has sold the property to himself on the strength of a GPA from his mother.

Under the circumstances the mother, who is the real owner, can always challenge the sale deed.

Good Lock,
Kishor Mehta
Dr J C Vashista (Expert) 02 November 2014
Dear Anirudh,
You have every right to differ, it was my personal opinion/observation in the given circumstances.
Thank you for giving a new shape to my observations/opinion with respect to para 1,2 & 3 as the vendor(on behalf of his mother) and vendee (for self) has been stated to be the same person i.e., author himself and validity of transaction.
Now-a-days the Sub-Registrar gets snap of both the parties at the time of registeration of a document (except Will)in his own (official)camara; in the instant case, when vendor and vendee is appearing as same person,how he is justifying the validity of transaction?
Anirudh (Expert) 02 November 2014
Dear Dr. Vashista,

You are right, now a days, the Sub-Registrar gets snap of both the parties at the time of registeration of a document (except Will)in his own (official)camara.

Therefore, in the instant case, when the mother had registered the GPA such a procedure might have been followed. Even otherwise, so long as it is a Regd. GPA we have to go by the GPA.

Therefore, in the instant query, the question is not whether the GPA is properly Registered or Not.

The question is, whether a validly constituted GPA can act both as a Vendor and Vendee.

The legal position is YES, that such a GPA can act both as a Vendor and Vendee.

However, the replies contained in paragraph 1, 2 and 3 of your post was not in conformity with the legal provision.

I think you will appreciate that I am differing with your view on the above point not for the sake of differing, but on a settled legal position. In spite of this, if you want to retain your view, I have absolutely no issue / problem.

My father used to say, you can only point out, if somebody does not see the point and persists in doing what he wants to do, one cannot do anything. I go by what my father told me.

Regards.
Dr J C Vashista (Expert) 02 November 2014
Dear Mr. Anirudh,

I did not have doubt about the constitution of GPA but regarding acting the same person as vendor and vendee.

Thanks for prompt clarification on my observation.

I fully agree with you regarding the legal proposition and not as a point to differ. Please donot take it otherwise. Legally and prinipally you are right I have no different opinion .
Thank you once again,
Regards
Anirudh (Expert) 02 November 2014
Dear Dr. Vashista,
My regard for you has gone one notch up!
Thanks & Regards.
Sagar Sharma (Querist) 02 November 2014
Sir, I am so much confused now... I want to clearify that G.P.A registered with taking image of both party and after that sale deed also registered at registrar office by taking picture but in both image person is same .I.e. gpa holder and purchaser are same person. In sale deed it specify the gpa registered at xyz date by which gpa holder selling floor to vendor.
please now clerify my doubt. Regards to all
Satya nand aggarwal (Expert) 03 November 2014
Dear Sharma Ji
Legally sale deed can be executed by the GPA in his own favour and he will appear before the sub registrar on behalf of both the person is legal and valid, because he is selling the property on behalf of somebody else to himself.(Law point)
Second aspect are the consequences of the sale deed ie different matter it hundred percent that it can be challenged by the mother during his life time and even after her death by her other legal heirs on the ground of fraud and non consideration of the sale price.
Now you say the you have got executed the relinquishment deed and gift deed (notarized) from your mother who taken her share. It means you have not paid the sale consideration to your mother, How this sale deed will be valid.?
Relinquishment deed and gift deed (notarized) is not valid document as it is required to be registered. Rather it goes against you and it prima facie proves the sale deed to be void and it shows the sale deed is without consideration. See laws point Without consideration sale is invalid —if it is found that no consideration has been passed then mere execution of the sale deed does not pass any title in favour of the transferee- Execution of the registered sale deed does not raise any presumption regarding the payment of consideration. Simla Law Journal- 1989-PB - 978.


Sagar Sharma (Querist) 03 November 2014
Thank u sir
T. Kalaiselvan, Advocate (Expert) 04 November 2014
I agree with the views of all experts who have vetoed that the execution of sale deed by the GPA holder in favor of himself as a vendee is legally valid. The subsequent aspects about challenging the sale deed on the ground realities is totally a different issue. Basically what the author carried out is a legally valid act i.e., he selling a property to himself on the basis of a GPA selling a property to a prospective purchaser.
Devajyoti Barman (Expert) 08 November 2014
hOWEVER SUCH TRANSFER MAY BE SET ASIDE BY THE PRINCIPAL IF IT IS SHOWN THAT BY TRANSFERRING THE PROPERTY TO THE AGENT HIMSELF HE HAS DONE ACTS OF CONFLICT OF INTEREST.


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