Query
Manav
(Querist) 04 June 2012
This query is : Resolved
1980 gda allotted the land to mr A.
1984 mr a sells it to mr b by sale deed .
1991 mr b makes will in favour of his son mr c
1999 property get freehold mr B.
2006 mr b is dead
2009 mr c through registered GPA sells it mr d.
now can mr d sell it on sale deed .
and can bank finance it
ajay sethi
(Expert) 04 June 2012
Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property,"
it said that those who had already bought property through GPA before its judgment could use the documents to apply for regularisation of allotments and leases by development authorities.
"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title
first Mr D should register property in his name . then sell it by sale deed
Shashikant V. Patil
(Expert) 04 June 2012
Dear Manav,
Mr Ajay Sethi is right. If possible Mr D should get registered the property in his name and mutated accordingly then he can go for sale.
Manav
(Querist) 04 June 2012
but if not possible for mr d to get sale deed in his name .
And if he sell it on sale deed to mr e.
then mr e sale deed will be ok ?