Transfer of property rights in gpa by third party
Amit Kumar Singh
(Querist) 04 March 2014
This query is : Resolved
Dear Sir/Mam,
I purchased an aggriculture land in uttar pradesh (loni), which is now converting as Residencial plot by dealors. I purchased this land via registered sell deed through a third person who is a GPA holder from the real owner of the land. Please suggest me I want to take Notarised NOC from the Real Owner regarding transfer his all rights of the immovable property in my name. Is it enough for transfer of immovable property's right or any other alternate is better than this. I have not more money to invest in registration fee. Kindly help me out of this situation. Please send me any performa of NOC which suits to my situation.
SANJAY
(Expert) 12 March 2014
immovable property should be registered without registration you cannot claim your owner ship. If you purchase on notorised it cannot be recorgnised. untill unless you register you cannot be a true owner
Amit Kumar Singh
(Querist) 12 March 2014
Dear Sir,
Thanks for Your Advice, But I purchased this land via registered sell deed from a third party who is GPA holder of the Real owner. I am apprehensive on the point that I did not direct deal to real owner of the land or Is the third party have legal power to execute sell to me on the basis of GPA and this transfer is valid under eyes of law or not? is here a need of NOC from the real owner on notary regarding execute of Sale deed by your GPA Holder is enough for me or not?
R.V.RAO
(Expert) 24 March 2014
Supreme court of india has cautioned in a famous case suraj lamp pvt.ltd vs.state of haryana that sales of immovable property based on regd. sale deed/conv.deed can be more effective and legal and lawful, compared to sale of immov.property through poa . see below what supreme court said in their judgement.
"immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.
Last but not least it is further pertinent to mention herein that in the said judgment the Honble Bench has merely drawn attention to the legal position that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances. But they can still be treated as existing agreement of sale. Nothing prevents affected parties from getting registered deeds of conveyance to complete their title".
no noc or affidavit/indemnity can substitute regd,sale deed, when it comes to immovable property.
regn.fees payable is a small price to own an immov.property legally .
