Do i need sale deed
Atul
(Querist) 29 February 2012
This query is : Resolved
I purchased a land in 1996 by Will/Sale agreement/irrevocable GPA with other necessary documents like payment receipt, undertaking and all. Will and GPA are registered. However, the old owner threaten me that this is old papers are not valid and he is still owner in absence of sale deed needed after supreme court judgement. He threatening me. i have certain questions
1- Can i force him legally to execute sale deed?
2- Can he revoke GPA (which is irrevocable)?
3- are these old papers valid?
4- What are remedy available to me?
Pls advice. Many Thanks.
A V Vishal
(Expert) 29 February 2012
Both will & gpa are revocable by the testator/principal. However, in absence of details and perusal of the documents held by you it would not be fair and proper to advise you.
Kirti Kar Tripathi
(Expert) 01 March 2012
To that extent that in the absence of any sale deed, he is still owner, he is right. It is also true that both will and GPA are revocable documents. But such revocation bust be expressed and prior to the date of alleged payment of consideration. If it not so, the buyer can file a suit for specific performance and can get sale deed registered in his favour.
Atul
(Querist) 01 March 2012
helo kirti. I have all money paid docs, undertaking n indemnity bonds and other papers which were earlier common way of transaction in delhi. I read somewhere that irrevocable gpa where money is paid with receipts can't be revoked just at discretion of principal. Pls advice. Also I read the supreme court judgement copy of 19 pages..on page 17 in para 18, does it mean that buyer if has all docs get sale deed executed. Pls advice.
Atul
(Querist) 01 March 2012
Thanks to both u for ur precious time to ans my query
V R SHROFF
(Expert) 02 March 2012
Rightly advised.
WILL is useless in lifetime of owner, as it come in force ONLY AFTER DEATH of owner.
GPA, IE revocable, can be cancelled at any time, unless doc registered on it's basis is valid.
You go for specific performance, as gpa not cancelled at the time of payment.
Atul
(Querist) 02 March 2012
Sir. Gpa and will are registrd. N sale agreement is notrified. Also payment documents, affidavit n undertaking is there. And also since transaction n all paper work was done in 1996 does it impacted by suprme cout 2011 judgement.
Atul
(Querist) 02 March 2012
Pls advice
A V Vishal
(Expert) 02 March 2012
Mr Atul,
However, in order to avoid hardship for parties that have already effected such transfers, the Supreme Court clarified that these could continue to be treated as existing agreements of sale. The affected parties could acquire registered deeds of conveyance for completing valid transfers. It was further held that sale agreement, GPA and will transfers could also be used to obtain specific performance or to defend possession under Section 53A of the Transfer of Property Act. The Supreme Court also clarified that this decision would not disturb any actions taken by the municipal and development authorities based on documents of such transactions. Lastly, it also clarified that any genuine or good-faith transactions would not be invalidated by this decision
Atul
(Querist) 22 March 2012
Dear all.
In my colony a land owner has paper of plot size measuring 450 s.yd. but actually he is in possession of 550 s.yd. another 100 yd should hav been road or some other public purpose land. Can I file PIL to get the land used for its intended purpose and not the benefit of one person. The land owner is in possession of that extra land for nearly 30 yrs. Pls advice
