Sale deed in own favour by gpa holder
Ashok Yadav
(Querist) 28 September 2011
This query is : Resolved
X is a pvt. ltd. company, it obtains a regd. GPA in its name through its representative from the seller of the property.
Now question is this- can the company X through its representative execute a sale deed of the same land in favour of its own means in the name of X.
The X is GPA holder and the X now wants to execute sale deed in its own favour, i know its legal there is no problem, power has been given in GPA to execute sale deed in its own favour.
Can my Ld. friends provide me any citation of Supreme court or High Court or any other valid law which can be shown to Sub registrar because he is refusing to execute sale deed by the pretext that vendor and vendee can not be same person.
Please provide some help.
ajay sethi
(Expert) 28 September 2011
well sub registar is right how can seller and purchaser be the same?
Ashok Yadav
(Querist) 28 September 2011
My dear Ajay,
Think logically, seller is the real owner and the purchaser is the company.
The company is not the seller it is representative of the seller.
The attorney is the company but the original owner has given power to attorney to sell the land to himself or to any one else.
Shailesh Kr. Shah
(Expert) 28 September 2011
Really your case is very rare.
Authorise some one another person by passing board resolution to execute sale deed in favour of company to remove difficulty at the end of Sub Registrar.
Ganesh Chavan
(Expert) 28 September 2011
I agree with Mr.Shailesh Kr. Shah sir unless some one Authorize by Company to purchase Property it is difficult to move further.
R.Ramachandran
(Expert) 28 September 2011
There should be no problem in the GPA selling the property on behalf of his principal, to anybody including himself. If the Sub-registrar is not knowledgeable naturally we have to suffer. In the meanwhile we have to search for the case law in support.
prabhakar singh
(Expert) 29 September 2011
i would like to subscribe the view expressed by Mr. Ramachandran,when B GPA AUTHORIZED BY A TO SELL CAN BY IT ON HIS OWN,WHY NOT SAME RULE BE EXTENDED TO A COMPANY WHICH IS A JURISTIC PERSON,of course it needs a HUMAN HAND TO ACT FOR IT.
Ashok Yadav
(Querist) 29 September 2011
Thanks my ld. friends for your reply.
I know that there is no legal hurdle in this matter. But the sub registrar is refusing to register the sale deed.
Mr. shalesh we are applying the same method as told by you but of no fruits. He is demanding for any citation or rule in this regard. So pls if some one have the same pls help us.
Guest
(Expert) 01 October 2011
Dear Ashok,
Why the sub-registrar needs citation? He should go through the language of the gpa where the principal owner himself authorised the gpa holder to dispose of the property in any manner or to sell. He should apply his own mind, why he would need to follow others when authority is full & final through gpa? If he still have any objection, let him give in writing, so that you can drag him in a court of law and espose him for his incapability to hold the post of Sub-Registrar.
