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Sale deed through agreement of sale cum gpa

(Querist) 19 March 2022 This query is : Resolved 
Hello Sirs,
My friend bought a land which is done in the form of "Sale Deed" (Registered) through "agreement of sale Cum GPA, which has been registered.

The documents title is "Sale Deed" but in the document the Seller is selling the land by the rights obtained through "Agreement of Sale Cum GPA", which has been duly registered.

Does this transaction holds good as per law? Please clarify

Thank you
DK

kavksatyanarayana (Expert) 19 March 2022
As stated by you whether GPA cum Sale Agreement is in force or not? If the SA cum GPA holds good i.e. it is not canceled, then the sale deed is valid.
Dr J C Vashista (Expert) 20 March 2022
The facts posted are vague and confusing as "Sale Deed and GPA with Agreement to Sell" can not go parallel .
It will be better to show the documents to a local prudent lawyer for better appreciation of fact and professional advise.
SHIRISH PAWAR, 7738990900 (Expert) 20 March 2022
Hello,

I agree with Mr. Kavaksatyanarayana that if GPA is not canceled the transaction of Agreement to sale cum GPA is valid transaction.
Advocate Bhartesh goyal (Expert) 20 March 2022
Agreement to Sell cum GPA does not confer title of property so on basis of such document sale can not be said valid.
Adv K Rajasekharan (Expert) 20 March 2022
In this case, the deed termed as a “sale deed” written ‘in the form of a sale deed’ is not a valid document for transfer of property, as per law. Therefore no transfer in the eye of law takes place in this case.

A transfer of property using a Sale Agreement with GPA is declared by the Supreme Court as invalid and the consequent document for transfer of property has no legal sanctity at all. Hence the document in this case has no legal validity at all.
kavksatyanarayana (Expert) 11 April 2022
Dear queriest, your friend bought the land through a "Sale Deed" only. Here the executant i.e. the seller means the original owner of the property gave a GPA to someone. So he signed on behalf of the owner (original seller). So if the original owner is alive and the given GPA is in force at the time of registration the sale deed is quietly valid. If you have still doubt you may call or consult a local advocate with the material you have.
P. Venu (Expert) 16 April 2022
What is the intention of the seller? Is it that he is authorizing the PoAto develop the property and then sell to different person?


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