Saahil Gupta (Service) 27 May 2010

Sale Deed excecuted by unregistered GPA, Please answer

Mr X has 250 sq yds Plots in Delhi Rajapuri for which he has sale deed of 2005.

He sold 118 Sq yds out of 250 Sq yds to some one in 2007.

Then he (X) gave notary power of of attorney (unregistered agreement to sell, unregistered receipt, unregistered possesion letter) of rest of the plots 135 Sq yds and all original papers to Y in 2008.

Then in May 2009 He sold me (Z) a plot of 50 Sq yds which was part of 135 Sq yds by a Sale Deed.

Then Y ( owner of power of attorney) sold 135 Sq yds to P by sale deed in September 2009.

Now there is conflict between me (Z) and P about the title of property as my 50 Syds plot is in 135 Sq. Yds.

Mr X has ran away.

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We filed numerous complaints to police and we also filed case in Public Grievance Commission but Police didn't take any concrete action.

A.C.P ordered status quo and ordered me (z) and P not to go near the property.

Till now no one was living in the house there were two locks on the property.

Now what p did::

P gave money to some poor lady (G) then G trespassed in our property and then G filed a collusive case in court by showing some rent receipts against P that he P want to dispossess her.

Court gave stay order to G that P cannot dispossess G.

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1 When we came to know this we filed 1/10 application in that court and became party of the collusive case.

2 We filed case against X,Y,P and G for Declaration, Possession, Damages ,Permanent and Mandatory Injunction in the court of Additional Session Judge.

In this case we got stay and L.C. was appointed and he has already submitted report.

Court ordered to P & G to submit Written statement but from last two dates judge was on leave and because of that they have not submitted WS and any documents

3 We have also filed a criminal case for against X,Y,P and G

In this case judge ordered S.H.O to make report and next hearing is on 02.06.2010.

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My Query is:

1 what is the merit of my case and will court take the Unregistered Notary GPA into consideration.

2 As the defendants are not submitting WS and their copy of GPA even after two months, what can we do?

3 In the criminal case if police submits the report and did not register the FIR then what will happen in that case will that case will be dismissed?

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Reply Follow

9 Replies

vijaybhushan ( advoacte) 27 May 2010

As per sec.17of Indian registration Act registration of general power of attorney is not mandatory

so your sale deed is valid and perfect. Take proper way to protect your right and interest. If you need

any support contact 9719108796.

shankar (advocate) 27 May 2010

the GPA executed before the notary public is valid as Sec.85 of Evidence Act and sale deed executed by un registered GPA is a valid transaction it is binding on the executant of GPA

with regard to the another sale deed executed by the executant (which was given GPA schedule) to some third parties is not a valid transaction. Moreover, the sale deed executed by the GPA holder has first charge hold in the said schedule.

Shankar Amshala, Adv.

raja athimoolam (lawyer) 17 August 2011

the GPA executed before the notary public is valid as Sec.85 of Evidence Act but sale deed executed and registered by un registered GPA holder is not valid as per our supreme court decision Manjunath Annandappa urf Shivappa hanasi vs tammanasa and others C.A. No 5662 of 1998 dated 13-03-2003.

raja athimoolam (lawyer) 17 August 2011

the link for the judgement is www.indiankanoon.org/doc/1357878/

RainMaker (occupied) 01 July 2012

D/sir

There is no reference to GPA in the said judgement.

narendra.s.p (Chief Manager(Law)) 11 July 2012

Supreme Court Judgment on execution of Sale Deed by PoA Holder is attached

Attached File : 705266533 sale by gpa.pdf downloaded: 749 times

S.Premalatha (Lawyer) 14 August 2012

Sale Deed executed by unregistered GPA is not valid after 2009 onwards. GPA has to be compulsorily registered after 2009.

Ananth (Sr.Executive) 20 June 2014

Thank you all for your advise.

One quick query, once the registered GPA holder sell / register's the property in another buyer's name, can any family members of the original seller (who gave GPA to the current seller) claim any titleship on the sold property ? should that also be checked ?

What are the docs to be checked to avoid any of these attempts in future by him or his family members.