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Raja   27 June 2017

Agreement of sale cum gpa with possession

Hello sir..please inform whether agreement of sale cum gpa with possession (agpa) is valid even after the death of claimant...can the legal heirs of claimant sell the property...or da person who executed agpa can sell that property...from whom should the property should be purchased...plz inform me very urgent...


 8 Replies

Dr J C Vashista (Lawyer)     27 June 2017

Since the sale transaction of property did not complete during the life time of executant of attorney,i.e.,  if consideration amount was yet to be paid to seller, it has no value. 

1 Like

Ms.Usha Kapoor (CEO)     27 June 2017

I wholly agree with senior expert  Advocate Dr.JC.. Vashista.

Raja   27 June 2017

Thank u madam

Raja   27 June 2017

To the above query regarding agpa...A has executed AGPA with possession to B...duly stating that total sale consideration was paid to seller(A) in agpa document..
Now B has expired , and after B expired, A again sold that property to C without consenting legal heirs of B..

I am fourth party and I want to buy that property from C....Kindly inform whether I can buy that property from C...will there be any legal complications from the legal heirs of B in future...plz help me sir/madam...

Kumar Doab (FIN)     27 June 2017

Avoid such property deals.

'Buyer Beware' applies to property deals. It shall be appropriate to get proper legal opinion from a very able local senior counsel specializing in revenue/property/civil matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     27 June 2017

Full and final payment seems to be have been received.

Show the entire docs as suggested to a local counsel.

Srinivas   21 March 2018

Hi, I have a doubt. Why agreement of sale cum GPA is made instead of Sale deed. The GPA holder can directly ask for sale deed from seller.  What are the advantages and disadvantages and why this AGPA is used. Can we buy a plot from Agreement of sale cum GPA person? What others precaustions we should take if we need to purchase from AGPA.


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