Transfer of immovable property thro' gpa
K.P.Nataraj
(Querist) 21 October 2011
This query is : Resolved
Respected sir, I want to buy a plot from the owner who only possess a Registered General Power of Attorney. The Principal of the GPA is not related to the GPA holder. Can the GPA holder execute a sale deed to me?. The recent SC judgement (Suraj Lamp & Indus vs. State of Haryana) it ruled that effective prospectively from Oct.11, registered sale deed will be the only valid instrument of transaction of property in India. Please clarify me.
Shailesh Kr. Shah
(Expert) 21 October 2011
What is the relation between principal and attorney holder?
Nadeem Qureshi
(Expert) 21 October 2011
not only sale deed, gift deed, will deed, mortgage deed all deeds related to transfer the property now explain about you matter in detailed
K.P.Nataraj
(Querist) 21 October 2011
Respected Shailesh Kr. shah.sir thank u for ur reply. There is no relationship between tne Principal and attorney holder.The GPA was regd. infavour the holder on 12-7-2011. The GPA is in force now. The property is the self earned property of the Principal. Please clarify sir.
Shailesh Kr. Shah
(Expert) 21 October 2011
Check GPA is a Registered ?
the person who granted the GPA is still alive?
if answer of both is yes then on the basis of the GPA, attorney holder has to execute a CONVEYANCE DEED in favour of the you, and have it registered with the sub-Registrar.
sanjeev murthy desai
(Expert) 21 October 2011
Dear Mr K. P. Nataraj,
Please check said registered GPA is for sale of immovable property. If such authority is given by the principal to the ATTORNEY, then he can sell otherwise it is void.
prabhakar singh
(Expert) 21 October 2011
GPA if registered and confers right to sale of the property of the donor and donor is still alive then you can go with a sale deed executed in your favor from GPA holder.
Raj Kumar Makkad
(Expert) 21 October 2011
There is no illegality in the GPA mentioned herein for executing the desired conveyance deed.
K.P.Nataraj
(Querist) 22 October 2011
Dear Sirs,
I thank u very much for the reply to my question. Now I am clear from my doubt. I once again thank u one and all
dev kapoor
(Expert) 22 October 2011
The reply given herein appear to be most suited to the proposition of law put forth by Sh.K.P.Natraj but may I request the worthy members/experts to explain the proposition in the context of law laid down by SC in the latest judgment titled " Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr." decided on 11 October, 2011" ????
Regards !
Isaac Gabriel
(Expert) 23 October 2011
The judgement denounces the Sale through Agreements/General Power of Atorney/Wills.The concept aired need to be taken note of for amending the TP Act on the lines.Expert Nataraj has raised a pertinent query for deep analysis.
M V Gupta
(Expert) 24 October 2011
The SC decision in the Suraj Lamp Industries case applies only if the sale is not made under a registered sale deed. It declared illegal the practice prevailing in the States of Delhi, Haryana and UP where under the property changes hands under an agreement for sale and POA which are not registered.If the owner of the property which u are proposing to purchase appointed an agent under a POA to negotiate, settle the terms and conditions for sale of the property and register the property on his behalf, you may go ahead and purchase the property under a registered sale deed.
K.P.Nataraj
(Querist) 24 October 2011
Dear Sir,
thanks for reply by the experts.In continuation with the above matter, I want to clarify one more thing. The POA holder already executed a Sale Agreent (registered). Now he says that he will first cancel the sale agreement and execute a sale deed in my favour. Is it okey? Please clarify
R.Ramachandran
(Expert) 24 October 2011
Dear Mr. Nataraj,
There are two elements. One is Agreement to Sell (not sale Agreement). This is merely an understanding between two parties - a seller agreeing to sell and a buyer agreeing to you at an agreed consideration. The Agreement to sell does not create any right or interest or title in the immovable property in favour of the buyer. It only creates a right to the buyer to buy the said property in terms of the Agreement to Sell.
But when the parties perform their part of the said Agreement to Sell, namely when the seller sells the property and the buyer gives consideration, then the actual sale takes place. Actually this sale may take place in pursuance of the said Agreement to Sell.
Thus, when such actual sale takes place, in order to convey a right, title and interest in the said property to the buyer, a SALE DEED (Sale Agreement) or CONVEYANCE DEED is required to be executed and Registered by paying Stamp Duty and Registration Charges.
Only when such a Sale DEED (Sale Agreement) is executed and registered, then and then only the buyer gets a clear title to the property.
Keeping this in view, you proceed with your case. I am not sure, what you say as "Sale Agreement" is in fact "Agreement to Sell" or in reality SALE DEED itself.
Therefore, unless you paste the "Sale Agreement" with you, it will not be possible to comment.
K.P.Nataraj
(Querist) 24 October 2011
Respected Ramachandran Sir,
Sir in my querry, i made a mistake that i simply said that the POA holder already executed a sale areement. But I fail to mention that it was not excuted to me but executed (the sale agreement) to another person. He says that he will cancel the sale agreement executed to another person and execute the Sale deed registerd in my favour. I have not entered any sale agreement with him. just i placed a token advance with the POA holder and wants to straightaway purchase the property immediately. Now please clarify sir.
R.Ramachandran
(Expert) 24 October 2011
In that case one has to know what are the rights and liabilities of the buyer in the earlier Agreement to Sell and whether the buyer can seek specific performance of the said Agreement to Sell.
A person who entered into an Agreement to Sell will not be in a position to unilaterally cancel the said Agreement to Sell unless there are enough terms in the said Agreement enabling him to cancel the said Agreement, and there is clear breach of the terms by the buyer.
You have to be a bit careful in dealing.
Shailesh Kr. Shah
(Expert) 24 October 2011
You should also check power of attorney that its allow to poa holder to cancel sale agreement.
Surendra Gupta
(Expert) 24 October 2011
In a recent Supreme Court Judgement, it is now mandatory to effect the sale of immovable property only through registered sale deed
M V Gupta
(Expert) 25 October 2011
Dear Mr. Nataraj,
By not giving full facts of your case you have lead all of us to discuss the effect of the SC judgement in Suraj Lamp Industries case. If the POA holder had already executed a registered Agreement for Sale With another person, he cannot enter into agreement for sale or execute Sale deed in your favor without first terminating the earlier Agreement by executing a deed of cancellation and registering it. It should be noted that a registered document can be cancelled only by another registered document.
K.P.Nataraj
(Querist) 27 October 2011
Respected M.V.Gupta Sir,
As per ur advice, I first made the Sale agreement (Regd) cancelled by another Deed of Cancellation of Sale agreement and got it registered. Then after cancellatiion, on the same day I got the sale deed executed in my favour.
Thank u so much sir for ur valuable advice.
M V Gupta
(Expert) 03 November 2011
What u have done is OK.
