Aarush 16 July 2018

Can a vendor with registered "agreement of sale cum general power of attorney with possession" sell

Hi, I am planning to buy an open plot. The vendor(current) has a REGISTERED "Agreement of Sale CUM General power of Attorney with Possession" document as reference for sale of the plot. Note: The vendor has paid stamp duty including Transfer duty, registration charges and user charges in corresponding SRO. My queries: 1. Whether the Vendor(current) acquires the title and legal rights to sell the plot with the above registered agreement. What does "Agreement of Sale CUM General power of Attorney with Possession" mean here? 2. Is it required to have the previous owner(s) along with the vendor(current) as executants while getting registration of the property.in my name or just the vendor(current) can alone sell.

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3 Replies

ganesh rao (x) 17 July 2018

Concurrence of the executor of the GPA with possession agreement is required to be obtained before registering the property in name of others. Such agreements are normally obtained in real estate business, it is likely that the executor has not received the full consideration for the property covered by the GPA and he might have filed any civil/criminal cases relating to the GPA. We have come across many instances wherein the executor of GPA has objected to occupation of the plot by the subsequent purchasers on ground that he had not received the full payment.

Also it is required to confirm that the executor of the GPA is alive on date of the transaction/transfer now being effected.

Aarush 17 July 2018

Here are few more details for you kind review and suggestions.

The executor of the AGPA is a registered firm represented its partners and are alive, this transaction has happend just a few days back and I would be a prospective purchaser.

It is clearly mentioned in the AGPA itseld the the Vendor has received the said sale consideration amount before execution of this deed and handed over the possession of the scheduled property.

It is also mentioned in this registered document:

-Vendor hereby appoints and nomonate the vendee as his attorney holder to do acts and deed on this behalf.

The vendors hereby delivers to the vendees all the relevant deeds evidence and writings now in their possession and custody relating to the title of the vendors to the property hereby demised.

-To sell/lease/the above mentioned property to any prospective purchaser/lessees.

-The vendees have right to register the said property either in their name or in the name of their nominee(s).

-To approach the registration authorities for the registration of the said property on their favour or on the name on the nominee(s).

-To receive consideration from the prospective purchaser and discharge the necessary receipts to them and handed over the possesion also.

ganesh rao (x) 17 July 2018

it is required to be mentioned in the sale deed that would be executed in your favour that

1) the property originally belongs to the [Name] partnership firm of which x,y,,z, etc are partners and that all the partners had executed the AGPA in favour of Mr. [name] on [date] and same was registered in the SRO office[name] on [date] and that all the executants [i.e. partners] are alive as on date of the execution and registration of sale deed by the AGPA in your favour and the AGPA is in force and is valid.

Also, check in the SRO office website that the AGPA is not revoked.;

check the E.C. for history of transfer of the property for past 30 years;

check in records of the district court in the district in which the property is situated that there is no litigation pending on the said property or if the litigation if any was disposed off, what had been the result of the litigation.

if the above are satisfied, there may not be any problem