Gpa land purchase
varun
(Querist) 12 September 2014
This query is : Resolved
Dear Sir,
Require legal opinion on validity of below transaction.
1. "A" had given GPA (for consideration amount) & Possession agreement to "B" in year 1999. This is notarised GPA & not registered because of financial problem of buyer & same reason is mention in GPA also. GPA carries Name & License number & signature of notary
2. Khata transferred in the name of "B" by Bruhat Bangalore Mahanagara Palike.
3. "B" executed sale deed in name of "C" which is registered & stamped in registrar office in yr 2003.
4.Again Khata transfered from "B" to "C" by BBMP.
5."C" executed gift deed to his brother "D" in yr 2009.
6.Encumbrance certificate shows all the above transactions ie "A" to "B" via GPA, "B" to "C" via sale deed & "C" to "D" via gift deed.
7.Property tax is paid upto date by "C" & "D".
Now pls suggest if we can purchase this plot from "D" as seller & "C" as confirming party.
If this plot can be purchased, then what precautions to be taken?
P. Venu
(Expert) 13 September 2014
A legal query or a puzzle?
varun
(Querist) 13 September 2014
a legal opinion required on this.
Advocate. Arunagiri
(Expert) 13 September 2014
GPA is invalid. So, subsequent transactions goes invalid.
Rajendra K Goyal
(Expert) 13 September 2014
All the documents and record need to be referred, consult a local lawyer.
Validity of GPA and sale to C was made in which capacity has to be seen more specifically.
Anirudh
(Expert) 13 September 2014
If I were in your position, I will jolly well purchase the property from "D" without any fear of future problem.
anand
(Expert) 13 September 2014
from the given facts If Gift deed from C to D is done with under payment of full Stamp Duty, D can be safely presumed as owner and there is no doubt about his/her ownership further as the same is in conformity with the encumbrance certificate and thus the D can be valid vendor/transferor in the present case.
varun
(Querist) 15 September 2014
Thanks. So i can go ahead with purchase of this site?
Actually i have referred these documents to local advocate & he says though GPA holder has registered sale deed in 2003 the transaction is valid since the khata is already transferred in the name of C & D & also EC confirms the same.
He suggested to obtain Tax paid receipts in the name of present owner & if possible a possession certificate from BBMP authority in the name of present owner.
I hope these documents would suffice for purchase of this site. Pls confirm
Raj Kumar Makkad
(Expert) 16 September 2014
BUT I differ with the opinion of such experts who suggest you to purchase such property as the transfer of khata in favour of B on the basis of unregistered GPA is totally invalid and thus subsequent transaction do not get valid due to passage of time o payment of tax or change of khata. B was not legally authorized to to change khata in his name hence I suggest you to drop the idea to purchase such property.
T. Kalaiselvan, Advocate
(Expert) 20 September 2014
In my opinion, you can follow the advises of local advocate since it seems to be safe and and no imminent danger to the property even in the near future.
anand
(Expert) 20 September 2014
you may go ahead with the advice of the local advocate as at present whatever documents and finding shows his ownership can not be disputed as even after GPA if the property chain contains the sale deed the person in whose favor sale deed had been executed shall be deemed as true owner in the eye of law.
Raj Kumar Makkad
(Expert) 21 September 2014
If the chain is initially wrong, it cannot be legalized by subsequent transfers.
anand
(Expert) 22 September 2014
Dear Sir,
I know it cant be ratified but if there is more than 12 years old chain and the proof of the same is there, then by virtue of Limitation Act, the ownership will prevail and further if the chain is initially wrong then it does not mean that land is res nullius and further if the other documents are corroborative to the evidence of ownership the title stand clear on such property.
varun
(Querist) 24 October 2014
Is it legally safe to buy this property from "D" with witness signed by GPA grantor ie "A" ?
