Divya436 01 November 2022

Agrement of sale cum gpa( agpa)

We purchased agriculture land 2018 from vender, we got passbook and shown in dharani site also, but recently what we knowed that vendor is given agrement of sale com gpa to x person, he registered that document in 2005 in registration office, but that x person died in 2011, that registerd document shown in EC, but our registration time we didn't see that one properly.if x person was died is that document is Valid or not, is our property got any problems in future. What will do next.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 August 2025

The validity of the Agreement of Sale cum GPA (General Power of Attorney) document registered in 2005 depends on several factors.

Key Considerations -

*Death of GPA Holder*: If the GPA holder (X person) died in 2011, the GPA deed becomes infructuous, meaning it automatically stands revoked. However, the Agreement to Sell (ATS) might still be valid if it doesn't require the GPA holder's personal involvement.

- *Registered Document*: Although the GPA document was registered, it doesn't necessarily confer ownership rights. A registered sale deed is required to transfer ownership of immovable property. -

*Prior Agreement*: If the vendor had executed a registered GPA cum Sale in favor of X person, and X person paid the full consideration, the document's validity would depend on its terms and conditions. Potential Issues with Your Property -

*Overlapping Sales*: If the vendor sold the property to you in 2018, despite having an existing agreement with X person, it may lead to disputes over ownership. -

*Legal Challenges*: X person's legal heirs might claim rights over the property, potentially affecting your ownership. Next Steps -

*Consult a Lawyer*: Engage a local lawyer specializing in property law to review the documents and advise on potential risks. -

*Verify Documents*: Ensure all documents, including the sale deed and passbook, are in order and reflect your ownership. -

*Check Encumbrances*: Conduct a thorough search to identify any other potential encumbrances or disputes related to the property.

Relevant Case Laws -

*Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana*: The Supreme Court ruled that an Agreement to Sell cum GPA is not a valid mode of transferring property ownership. Only a registered sale deed can confer ownership rights. -

*M. S. Ananthamurthy vs. J. Manjula*: The Supreme Court held that a sale deed executed by a GPA holder after the original owner's death is invalid.