Very urgent...pls help
Guest
(Querist) 20 June 2014
This query is : Resolved
Dear Experts,
I am going to buy a DDA Janta flat leased by DDA to allotees in 1974. I am buying this flat from the original allotee and I have paid token mones as well. My query is...
What is the complete procedure of buying a DDA flat.Do, the GPA sales are open for registration in Delhi? I am confused about the GPA sale registration. The property dealer is saying that he would get it done by paying MONEY..!!
Please help in this issue.
I will be really grateful to you.
Thanks
Anirudh
(Expert) 20 June 2014
GPA sale is no more valid.
DO NOT FALL IN TO THE TRAP. Better pay the applicable stamp duty and get the sale deed registered in your name. BEFORE THAT PLEASE CHECK UP WHETHER THE PROPERTY IS FREE FROM ALL ENCUMBRANCES - like mortgage, loan, earlier sale, earlier power of attorney etc. etc.
Dr J C Vashista
(Expert) 21 June 2014
GPA sales are no valid sale any wherein India especially after the decision of Supreme Court in Surya Roshini case.
However, GPA transactions are still there where the property do not fall under the Khatoni numbers declared (authorised colonies) to be registered by Revenue Department Delhi.
Do not venture out to buy DDA flat on GPA.
Anirudh
(Expert) 21 June 2014
Dear Ajay Kumar,
There seems to be some confusion in understanding. Let me clarify.
1. Whether sale can be effected by means of GPA?
(a) A owner can give registered Power of Attorney (with specific clause authorising the person to sell the property in question) to anybody in whom he has trust, to effect the sale of the property on his behalf. It should be clearly understand that this GPA is only a power to sell and this is for the benefit of those owners who are unable to effect the sale themselves for any number of reasons - like they are not readily available to effect negotiation; to sign the documents; visit the registrar's office etc. etc.
(b) A person holding such a Registered GPA can effect the sale of the property in question for and on behalf of the original owner. He can sign the Sale Deed as power of attorney on behalf of the original owner. He will collect the sale price (consideration) from the buyer and pass on the same to the original owner. The SALE DEED has necessarily to be executed and REGISTERED in the sub-Registrar's office by paying requisite Stamp Duty and Registration Charges. IT SHOULD BE CLEARLY UNDERSTOOD that while a sale of the property can be effected by a person holding the General Power of Attorney (GPA) for that purpose, the sale will not be complete unless the SALE DEED IS REGISTERED WITH THE SUB-REGISTRAR'S OFFICE.
(c) Therefore, merely by paying the sale consideration and getting the Registered GPA (instead of Sale DEED) in favour of the buyer will not convey the title of the property to the buyer. If no Registration of Sale Deed is done, then the original owner will continue to be the legal owner of the property and not the purchaser who only holds a Registered GPA.
(d) Generally people in Delhi mean GPA sale to mean purchase by means of obtaining a Registered GPA (INSTEAD OF REGISTERED SALE DEED) in favour of the buyer. The purchaser should not think that it is enough if he pays consideration for the purchase of the property and by merely obtains a Registered GPA from the original owner in his favour. THIS IS NOT ENOUGH AS THE Registered GPA in his favour will not convey/transfer the title of the property in favour of the VENDOR/Buyer.
ajay sethi
(Expert) 21 June 2014
agree with Mr Anirudh
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
I too agree with the opinions of expert Mr. Anirudh, nothing more to add.
Dr J C Vashista
(Expert) 24 June 2014
I also agree and appreciate expert opinion of Mr. Anirudh regarding the concept of GPA, its effect, implications and validity.
However, the author (Mr. Ajay Kumar) queried inter alia that,
"Do, the GPA sales are open for registration in Delhi? I am confused about the GPA sale registration...." wherein DDA flats/other properties where sale deed document is registered by the Sub-Registrar, no such transcation on GPA (except where the executant of GPA authorises the attorney for the purpose) can be registered.
In general, no sale transactions are valid between the parties i.e., vendor and vendee (and not executant and attorney), especially after Surya Roshini judgment delivered by the Supreme Court, before that about 80% of Delhi sale transactions passed title of the property on irrevocable GPA (with consideration).
Guest
(Querist) 02 July 2014
Thanks to all the experts for the valuable suggestions.
But, What to I do now since I have paid the advance for the purchase of DDA flat on Stamp Paper?
In present scenario, I wont be able to get the transfer in my name so what type of paper should I get from the seller alongwith all original papers?
Should I hold some money till the GPA opens in Delhi and he transfer the GPA in my favour?
Please help....
Thanks
