Unregistered gpa
raghavendra
(Querist) 21 April 2019
This query is : Resolved
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
Guest
(Expert) 21 April 2019
The Sale would be invalid legally if GPA is Un Registered
Guest
(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
Guest
(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.
Guest
(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.
Guest
(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.
Guest
(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.
Guest
(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
Guest
(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.
Guest
(Expert) 24 April 2019
There is no Market in my name so far please
raghavendra
(Querist) 24 April 2019
sorry for typical error sir
Guest
(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.
