Gpa

This query is : Resolved 
 


Querist : Anonymous (Querist)
17 April 2021

Hi ,
suppose A is the POA ( GPA) given by the previous land owner B.
and B executed a agreement to sell , will , affidavit , payment receipt all in name of C ( A's wife ).

1. so now can C sell the property , A died and C have death certificate of A. ?
2. can C registered the GPA , agreememt to sell etc now since its been some yeara.
3. Can C make her son POA now ?
4. While selling it to some other buyer D now can sub registrar ask us that why these documents are not registered ?
5. Also how we get to know if the gpa , agreement to sell etc is registered.


pls reply.
Thanks



Advocate Bhartesh goyalOnline (Expert)
17 April 2021

( 1 ) No, C can't legally sell property since C has no title deed of property ,sale agreement ,affidavit,will and payment receipt does not confer title moreover C's husband who possessed GPA has also expired and without title deed C can't sell.
( 2 ) No, C can't get registered GPA ,it was B who could got registered GPA in favour of A.
( 3 ) No, since C has no title deed of questioned property so she can not deligate the powers to her son .
( 4 ) Yes, Sub Registrar has power to enquire in this regard.
( 5 ) Engage a deed writer/Advocate who do needful enquiry and inspect the record in Sub Registrar office.

kavksatyanarayanaOnline (Expert)
17 April 2021

To me, you stated that the POA given by previous landowner B to A. That means the owner of the property is B. So if A died, B can revoke/cancel the GPA. B has not transferred any property to C except Agreement of Sale but not sale, Will which comes into effect from the death of B and affidavit for what purpose.

Asgher MahdiOnline (Expert)
18 April 2021

In your instant case, when B execute Sale Agreement, etc thereafter the execution of GPA to previous person, automatically, the GPA given to A, will be revoked and he/She lost the rights. Now, the questions, C being being the wife of deceased A, in spite of having the record, she is not absolute owner of the entire property but only to the extent share of her as a widow to her husband property. She (C) can give power of attorney only to the extent of her share only to her son. Verily, son is entitled to his share in the property. Sub-Registrar cannot registered the said property as per se.

J K AgrawalOnline (Expert)
18 April 2021

I go with Ld Mr Bhartesh Goyal. The advice of Ld Asgher Mehdi is out of wits. Let us understand more.

P. Venu Online (Expert)
18 April 2021

Why 'suppose' - is this not a real issue? Please post real issue, if any.


Querist : Anonymous (Querist)
18 April 2021

Thanks you all for advising.
but i want to clarify further.

1. So this deal is old in 1986 and its from delhi unregistered colony
So at that time registeration was not allowed so property used get sold using gpa ats , will , receipt , affidavit.
And after 2019 delhi nct allowed unregularised colony to register thier gpa , will , ats etc and get the conveyance deed or authorization slip and also the stamp duty etc are levied only few thousands we hCe to submit.

so looking at that since ATS was executed in favour of C.



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