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sreedhar s   12 April 2023

Can we buy a house from a person who is shown as agreement of sale cum gpa in encumbrance certificat

We are planning to buy a house in hyderabad. The person/builder is registered as agreement of sale cum gpa procession in Encumbrance certificate. As the supreme court said that gpa holders can't sell the property. We are getting doubt on whether to proceed or not. This builder is not related by blood to the plot owner. He has bought the plot by paying in cheque entire market value of the plot. The gpa document also has a clause saying that gpa holder can execute sale deed.

Please suggest how to proceed further. We are planning to take home loan. Will the bank check all these legal clauses, gpa things etc...? How to buy the property safely from him. Please suggest a way



 2 Replies

Real Soul.... (LEGAL)     13 April 2023

The property cannot be transferred by POA holder , that is not valid.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 April 2023

No, the GPA holder cannot directly sell the property. According to the Supreme Court of India, a power of attorney is not a document of transfer concerning any right, title, or ownership of immovable property.Bankers will check all the documents before allot loans to the buyers.

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