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ramesh (conslutat)     14 August 2012

Buying property from gpa holder

Hello,

I'm planning to buy a property in Bangalore from a GPA holder who holds the GPA from real land owner on date 04.05.2012 last month.

GPA Holder here is Father in law of land owner (of size 30x40.)

Site is BMRDA approved gated community land.

land owener is in UK. Land owner purchased this site (from third party who purchased from socity) in 2008 by using his GPA holder father in law. sale deed registered via gpa in 2008.  

later site owner executed GPA cancellation. now All khata extract and tax paid receipts are on land owner name.

Now Agian land owner given GPA to his same father in law last month of this year to sell the property.

I am planning to buy this property from land owner father in law who is gpa holder to sell.

Please let me know is it possible to buy as per new law. Also what and problems may araise.



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 August 2012

No harm in purchasing the land if the GPA holder is willing to execute a sale-deed on behalf of the owner.

ABHIJEET PARIKH (Bcom LLB MBA)     14 August 2012

GPA must be duly registered before entering into such transaction ideally the registring authority will ask for registered GPA before registring the sale deed

 

ramesh (conslutat)     14 August 2012

Hi Abhijeet Sir,

I heard that from OCT 2011, GPA has been cancelled. Is it true ?

Whether this GPA ancellation rule will affect or not if GPA is registered as per new rule.

N.K.Assumi (Advocate)     14 August 2012

Yes, conveyance by SA/GPA etc; by Suopreme Court with effect from Oct 2009.

ABHIJEET PARIKH (Bcom LLB MBA)     14 August 2012

Yes the recent judgement of SC holds but here the owner is residing abroad therefore incapable to execute documents and hence the purpose of GPA is not considered as cancelled or not allowed so long GPA is registered and in favor of relative there wont be a problem

Note: GPA- executed in favor of 3rd party and Sale made on basis of that GPA is not allowed GPA-Sale was considered as Leakage of revenue to the state and hence SC is of view that misuse of GPA should Stop

Using GPA for genuine cause is not denied under the law

saroja (nothing)     16 August 2012

Agreed with Abhijeet, 

1.BEFORE REGISTRATION :Ensure that GPA duly registered one

2. AFTER REGISTRATION : insist for cancellation of GPA immediately after execution of sale deed in favour of you

ramesh (conslutat)     16 August 2012

Hi Abhijeet Sir / Saroja Madam,

Thank you for the reply.

I checked GPA document , Notery has been done recently in MAY 2012.

I have attached scanned copy of GPA for ur reference.

Please check is it legal, because in GPA document owner signature not found on any page. only notery signature is found.

scaned copy includes.

1 recent GPA from owner (Hemkumari) to his father inlaw for selling.( owner signaure missing )

2.Old GPA  cancellation from same owner to his same father inlaw.

3. Old GPA from same owner for purchasing through is gpa holder same father in law, (owner signature found.)

Thanks,

 

 

 

umesh (jew)     05 October 2012

Respected sir 

my name umesh my question is my grand mother was having 38 guntas of land near bangalore but in 1994 some one make duplicate notary GPA(WITHOUT REGISTRATON) in favour of his mother (HIS MOTHER IS A GPA HOLDER) and forgered my grand ma tumb impression and my father sign after tat

1) he registered tat land from his mother in 1997.

2)after tat he went to thaluk office to transfer khatha from my grand ma'sname to his name.but RI rejected his MR

3)after tat he went to civil court in 1998 against my father ther he cant challenge against my father so court rejected his case in 2002.

4)now in 2012 once again he went to TALSIDHAR COURT and he get khatha 

now he is giving tarcher to our family.so is it right way to get the property???

plz advice me urgent plz plz


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