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mvrao (self)     13 November 2012

Gpa executed of sale deed vaidity

Self executed a sale deed with registered GPA and Sale deed was signed by original owner as witness.what is the legal vailidty of self executed sale deed?



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 8 Replies

Shailesh Kr. Shah (Advocate)     13 November 2012

what is the actual query?

put whole facts to get advice.

mvrao (self)     13 November 2012

Sir,

A (the owner) executed a 'GPA cum Agrement for sale' in favour of me after paying full sale considertion for a 50X90 site in bangalore. I have self executed a absolute sale deed registered in my name with all details of scheduled property in sub registrar office with witness signature of A (the owner) who also guided me to do so. My first question is whether the sale deed is valid? what is the Validity of registered GPA after self executing the sale deed in my favour?

MohammedRaffiq Bijapur (Advocate)     13 November 2012

Seller cannot be a purchaser

Such documents are void

niranjan (civil practice)     13 November 2012

It is valid document.Seller is gpa holder and purchaser is different,may be person is the same.

mvrao (self)     14 November 2012

For better understanding I am reproducing below;

A (the owner) executed a 'GPA cum Agrement for sale' in favour of B"" after paying full sale considertion for a 50X90 site in bangalore. GPA holder" B"self executed a absolute sale deed registered in his own name containing all details of property of scheduled property in sub registrar office. "A" the original owner also gave witness signature in the sale deed, who also guided "B" to do so.

My first question is whether the sale deed is valid? If the sale deed is valid then what is the Validity of registered GPA? Is GPA is null and void after considering above sale deed valid?

Advocate Ramesh (member)     22 November 2012

I really astonished to see such a registration.  I am having doubt in your question itself, GPA stands for General Power of Attorney.  how the owner execute the GPA CUM AGREEMENT FOR SALE IN FAVOUR OF B.  Either he can execute GPA or Agreement for sale.  So the owner execute GPA CUM AGREEMENT FOR SALE IN FAVOUR OF B ITSELF IS NULL AND VOID.

Adv Akhtar Ali Sheikh (Property Law Consultant)     23 November 2012

IN the first place you should not have taken tortuous course using the gpa when actual seller was available to create confusion all around.  

Nevertheless your document is perfectly valid.

As regards the gpa it will virtually remain a necessary addendum with the deed and it may be used for any other purpose in connection with the said land which the seller would have been able to do.

 

  

mvrao (self)     24 November 2012

Dear sir

This was a mistake from my side for being not aware of legal implications. Your advise gave me big relief.

Considering the above validity of GPA and Sale dead, can I sell or make gift dead in my wife's name? What will be the best way to do.


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