Sale deed done through an unregistered gpa
Nimesh jain
(Querist) 22 December 2011
This query is : Resolved
sir;
i had purchased a property in 2005. there was a dispute among two brothers and a civil case was going on the ownership of the above said property. i made the settlement and paid both brothers seperately. original papers were in the favour of elder brother and the younger brother was in possession. i executed agreement to sell and gpa in favour of me from elder brother and an MOU was signed b/w me and younger brother and payment was made accordingly. afterwards their was more disputes among me and them so sale deed couldnt be executed. in 2010 i, with the help of gpa was able to execute sale deed with all legal procedures. but to my shock that gpa wasnt registered. i made an police complaint on both brothers and they challenged my sale deed and had put a case of wrong execution of sale deed.
MY QUERIES:-
1. IF SALE DEED(NOT NOTARISED) EXECUTED FROM AN UNREGISTERED GPA VALID?
2. AGREEMENT TO SELL, WILL,MOU ETC. ALL LEGAL PAPERS DONE BEFORE THE DATE OF GPA WILL MAKE ANY HELP?
3. IF I WANT TO SELL THE PROPERTY IS THEIR ANY WAY?
ajay sethi
(Expert) 22 December 2011
no not valid . power of attorney has to be regsitered .
as fr as agreement of sale is concerned , MOU it would be necessary to go though the wordings of said documents before giving any advice .
it is advisable to compromise with the brothers . they have already filed suit for wrongful execution of sale deed . a contested suit would take some years to be settled .
Devajyoti Barman
(Expert) 23 December 2011
As per the decision of the supreme court every deed executed on the basis of an unregistered POA is not invalid.
Yes it will help you to file a suit for specific performance of contract.
Yes you can proceed unless there is any restrain order form the court of law.
N.K.Assumi
(Expert) 23 December 2011
is it movable property or Immovable property?
Sailesh Kumar Shah
(Expert) 23 December 2011
1.Not Valid.
2.Yes, but on criminal proceedings.
3.Legally no.
Raj Kumar Makkad
(Expert) 23 December 2011
Assumi! The querist has already described the property under sale is a land so your question qua it is movable or immovable is of no consequence and seems raised without reading the query.
Unregistered GPA has no value in the eyes of law so the alleged thereon is invalid and shall be set aside.
So far as criminal case pending against you in concerned, it can go against you though all earlier documents duly executed both brothers favouring you sufficient to show your innocence.
