Vijay Kumar (Business) 21 December 2014

Buying agriculture land from seller who is having gpa

Hi,

I am about to buy Agriculture Land from the Seller who is having Registered Agreement of Sale cum General Power of Attorney (GPA) of the Land. I have verified the documents and it's properly registered GPA in the nearest SRO office. But I have few doubts before I proceed to purchase this Land.

1) Does this Seller who is having Agreement of Sale cum GPA has full rights of the Land and can sell this property to anyone without any LEGAL issues

2) Also, I couldn't find the signature of the Buyer (now the seller to me) in Agreement of Sale cum GPA document. I could only inf the original Land owners signatures and the witnesses signatures. Is it general format of the GPA or is it something that is suspicious.

3) Since there is no transfer of Title/ownership, transfer of the property/Land through GPA, can the original Land owners cancel this GPA anytime in future and is it possible to revoke the GPA from the original LAND owners, Or Is it true that Agreement of Sale cum GPA is irrevocable

4) Since as per Adaani and Pahani Documents of the Agriculture Land, the land owners are still the original land owners but not the Seller who is having Agreement of Sale cum GPA. So if I buy the Land from th Seller who is having Agreement of Sale cum GPA, is it Possible that the there is Title transfer of Land / Transfer of ownership of Land is possible. I mean after buying the Land from the Seller, can I have the Ownership of the Agriculture Land and whether I can get my name reflected as farmer in Adani/Pahani documents and get the Farmer Pattadhar Passbook. Please clarify the same.

5) If I am purchasing the Agriculture Land through Seller who is having Agreement of Sale cum GPA, what should be best process/procedure to follow to buy the Land, whether it should be through Sale Deed/Title Deed or it should be though only Agreement of Sale cum GPA. Please clarify.

Above are the few doubts/questions that come to my mind when I have gone though these documents, I request experts here to clarify my doubts and suggest any other things that I should be careful before proceeding to purchasing this Agriculture Land.

Thanks & Regards,

Vijay

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2 Replies

Adi Patel (NA) 22 December 2014

Suraj Lamp & Industries Pvt. Ltd vs. State of Haryana & Anr.

I would suggest go through the judgement of this case. It will resolve all your inquiries. I am still asnwering some of them for quick reference.

1. The Sale Agreement/GPA/Will route is not acceptable since Sept. 2011 as it is considered to give encouragement to raise of black money and you might suffer damages if the seller cheats on you or the original owner who gave such GPA to seller in your case, cheats on him.

2. The person getting GPA does not necessarily have to sign it, its the person giving such powers and the witnesses who have to do it.

3. As already said in point 1, yes, there is a risk. Rather ask the seller to get his purchase registered and then sell it to you.

All the following questions will be answered directly or indirectly through the case law I have ssugested. Hope this helps.

T. Kalaiselvan, Advocate (Advocate) 25 December 2014

A query repeated in different sections, i.e., forum and the experts sections. This query was addressed by many experts properly, hence he querist may visit that thread for knowing more answer to his query.