vincent
27 June 2012 at 13:58
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
vincent
27 June 2012 at 13:45
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
vincent
27 June 2012 at 13:28
wishes to you allDear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
Anamika
27 June 2012 at 11:17
Hi,
In cases of most of the flats that I have seen in Thane, uptill now,buildings that are old (around 20-25 years) do not possess Occupation Certificate. That is something that takes me aback from investing in such flats.
It was told to me by many that in the old times there wasnt a concept of OC and that it does not make the title illegal.....
I am confused coz I need to fix the deal in two days and I do not know whether it is advisable to proceed with it in spite of no OC.....
Also please tell me
1. What exactly is OC ????
2.Is it a very imp document in purchase and sale of flat ?? Is bank Loan available without OC ?
3. Is it advisable to deal in such a property that does not have OC ???
4. How can we get the details / record from the TMC related to the particular building ???
5. the pro's and cons of OC
Please revert at the earliest as it is urgent.
Thanx,
Anamika.
Sanjeev
26 June 2012 at 17:37
Dear Experts,
I am staying in my current address for more than 1 year. Can I get an affidavate for the proof of address and use it to get the passport? Will passport authority will accept this as an valid address proof document?
Thanks
sruti gupta
26 June 2012 at 17:30
Kindly provide me checklist/legal compliance/procedure to be kept in mind or done before selling a Commercial property
mukesh jain
25 June 2012 at 17:57
we four, known to each other, decided to we we purchase X property and all of us had registered agreement of sale with seller. one of our four,one partner gave registered power of attorney to Mr.A and on the date of registration it was duly paid and registered in the name of four of us(one as registered attorney).
now we have come to know that on the date of registration the joint purchaser who had given the attorney to Mr.A for purchasing the land was dead.
what is our legal status, as dead co- purchaser legal heirs in not taking any action against the attorney.
VIJAY K. TEOTIA
25 June 2012 at 14:45
A person has become inable to sign documents due to fracture. Neither he can put thumb nor he sign. How can he sign the bank documents and company papers. Can he prepare a GPA in favour of his daughter to sign bank and company documents. If yes, is it compulsory to register or notarised will serve the purpose. Any other suggestion?
AMITKUMAR RAMESHKUMAR JOSHI
25 June 2012 at 11:18
what is difference amoung the 7 12 extract & 6 hakkapatrak & 8 a statement of ledger ? land is in gujarat state
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Sale deed without survey number
I am in the process of purchasing an apartment in Bangalore. The apartment is built by a private builder who is not very well known. The builder has given me Khatha ("A" type), Khatha certificate and sale deed copies. The apartment is built on a plot of land which is part of the bigger area of 3 acres which was sold as plots to various people. The original sale deed has the whole area under one survey number. The sale deed of the apartment does not have a reference to a particular survey number for the individual plot. Will this be a problem ? The property owner has promised to get the survey number mentioned in the final sale deed.