Unregistered gpa

This query is : Resolved 
 

(Querist)
21 April 2019

Dear all

The Unregistered and Notorised GPA (without any witness) made on 11.05.2012 in Karnataka. by son to his father and stamp duty of Rs 200/- paid.

father executed sale deed on the basis of above said GPA in favour of third party.

Subsequently, the son filed suit challenging sale deed executed by GPA holder in favour of third party. son contention is GPA is not authenticated and unregistered GPA is not valid and sale deed also not valid.

Kindly give yours opinion to me with judgement and amendments in registration act. is there is direction to subregistrar not to register deeds through unregistred GPA in karnakata. Now case is in evidence stage and how lead evidence

please provide some suitable judgements


Thanks
hairsh


N.J.S.Rajkumar alias narasimha (Expert)
21 April 2019

The Sale would be invalid legally if GPA is Un Registered

N.J.S.Rajkumar alias narasimha (Expert)
21 April 2019

Refer the Supreme Court Judgement in the Case of State of Rajasthan and Others VS Basant Nahate on 7th Sep 2005 pronounced by Honorable Justice Bench of Ashok Bhan and S.B.Sinha

N.J.S.Rajkumar alias narasimha (Expert)
21 April 2019

Also Refer the Delhi High Court Judgement in the Case of Shri Ramesh Chand VS Suresh Chand on 9th April 2012 pronounced by Honorable Justice Valmiki J.Mehta

Dr J C Vashista (Expert)
22 April 2019

Notarized GPA is valid and action of father qua execution of sale deed (on the strength of GPA) if authorised via said GPA, has no legal infirmity.

N.J.S.Rajkumar alias narasimha (Expert)
22 April 2019

No Legal Conveyance / Transfer of Property Possible / legally valid thro an UnRegistered GPA

P. Venu (Expert)
22 April 2019

In my understanding, provisions of Section 17(1)(g) of the Registration Act apply. Though POA creating power of right of transfer or any transaction relating to immovable property is required to be registered compulsorily, those executed in favour of close relatives such as father, mother, husband, son, daughter etc. have been exempted.
As such, the transaction is valid.

N.J.S.Rajkumar alias narasimha (Expert)
23 April 2019

More over the Land Mark Judgement of Three Judges Bench of Supreme Court presided by Honorable Justice R.V.Raveendran had pronounced that Property sales thro common practice of General Power of Attorney will not give ownership Title to the buyer.

N.J.S.Rajkumar alias narasimha (Expert)
23 April 2019

As Rightly pointed out by Dr.J.C. Vashista the Delhi Government had ordered the GPA transactions would be acceptable lifting the ban

raghavendra (Querist)
23 April 2019

Dear all

my contention was GPA taken fraudulently and not authenticated. but, they would have prove GPA is given by me.

Now my contention would be only that GPA is unregistered hence documents is not admissible in evidence, GPA is not supported by any witness and affidavit. sale deed executed after 1 year from date of GPA date. than also this GPA valid for execute sale deed






raghavendra (Querist)
23 April 2019

Dear NJS Rajkumar sir

can you please give the details of three judges judgement and others.

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

On 13 th october 2011 the orders were pronounced by Three Judges Bench of Supreme Court Honorable Justice R.V. Raveendran , A.K.Patnaik and H.L Gokhale

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

Just Type " Supreme Court ban on Sale of immovable property thro GPA " in google and you would get it

P. Venu (Expert)
24 April 2019

Why facts are being posted piecemeal? Your initial posting conveys the impression that you were the purchaser on the basis of the GPA. It is really disappointing that, by the subsequent information, the things are placed in an entirely different context and perspective.

It would be immature to offer any further suggestion.

raghavendra (Querist)
24 April 2019

Thanks, NJS Raju market

Dear Venu sir, I am the plaintiff in this case. property was in my name and father sold it to his sister son.

raghavendra (Querist)
24 April 2019

Thanks, NJS Raju market

Dear Venu sir, I am the plaintiff in this case. property was in my name and father sold it to his sister son.

raghavendra (Querist)
24 April 2019

Thanks, NJS Raju market

Dear Venu sir, I am the plaintiff in this case. property was in my name and father sold it to his sister son.

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

There is no Market in my name so far please

raghavendra (Querist)
24 April 2019

sorry for typical error sir

N.J.S.Rajkumar alias narasimha (Expert)
24 April 2019

It;s alright please .........................................

raghavendra (Querist)
24 April 2019

sir
I want to know is there the provision in registration Act that registration of GPA for transfer immovable property value more than 100 is not necessary with family members I. e. Father mother brother wife sister etc.



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

  LAWyersclubindia Menu