Gpa confusion?pls clarify?
navin
(Querist) 15 April 2016
This query is : Resolved
sir there is a whole lot of confusion after the supreme court verdict b/w registered gpa,registered irrevocable gpa,notarised gpa,notarised irrevocable gpa. few sub registrar are executing the sale deed even on notarised gpa {on 100 rs stamp paper}even today after supreme court verdict.are these sale deed illegal & null & void? 2.why cant all opt for notarized gpa & save stamp duty? 3.what is the use of notrizing a gpa & registering a gpa??????? 4.can even on this current dt a notarized gpa be given to enter into a registered sale agreement or a registered mortgage agreement & collect money on land owners behalf?kindly help us out in the whole mess of gpa confusion........
Adv. Yogen Kakade
(Expert) 15 April 2016
Notarized GPA has no legal value.. and it cannot be used for the registration of any document. And even for registration of any document of behalf as POA holder, it is mandatory to mention that the POA is used for the purpose of signing and execution of that particular document.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
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Rajendra K Goyal
(Expert) 15 April 2016
Academic query, state material facts of your problem if any.
navin
(Querist) 15 April 2016
can even on this current dt a notarized gpa be given to enter into a registered sale agreement or a registered mortgage agreement & collect money on land owners behalf?kindly help us out in the whole mess of gpa confusion........
navin
(Querist) 15 April 2016
...............Academic query, state material facts of your problem if any.////////////???????????????
dev kapoor
(Expert) 15 April 2016
Hello
I don't see reasons to disallow this qn branding "academic ".
There cannot be such controversy. S.33 Reg Act is the apt reply for qn.A POA for registration of a deed for transfer of immovable property needs to be registered by sub -registrar/registrar & must be Authenticated There no such bar for any other purpose. A POAs are not compulsorily registerable.It is legally valid even if attested by Notary Public.
Dr J C Vashista
(Expert) 17 April 2016
Dear Mr. Dev Kapoor,
Facts raised by author of the query give an impression that it is a subject of legal debate (academic) for which this is inappropriate forum, you will agree.
The purpose of grant of POA will determine whether notarised is sufficient or require to be registered; except where transfer of title of property is debarred (for POA)in the verdict of Surya Roshini Ltd. Vs State of Haryana case.
@ Navin,
Registered agreement to sell is valid.
However, you have not made up your mind (in this query) whether you intend to sell or mortgage the property gives an impression that this is "pure academic query".
navin
(Querist) 18 April 2016
sir ,
can a notarized gpa be given to enter into a registered sale agreement or a registered mortgage agreement & collect money on land owners behalf?request senior vashishthaji & others to clarify as every advocatehas different views on it??pls help me out...........
navin
(Querist) 18 April 2016
ir ,
can a notarized gpa be given to enter into a registered sale agreement or a registered mortgage agreement & collect money on land owners behalf?request senior vashishthaji & others to clarify as every advocatehas different views on it??pls help me out...........
Dr J C Vashista
(Expert) 18 April 2016
You will have to execute a registered GPA for executing Mortgage Deed and collect money on behalf of mortgagee.
Notarized GPA shall not be valid and acceptable for registration of documents.
