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Mohammed Rafi   02 August 2023

Confirmation deed with gpa corrections

Hi.. I am planning to buy a land which had following transactions, please help and confirm whether it is safe to proceed ?

1. Owner1 issued GPA to GPA1
2. GPA1 issued GPA to GPA2
3. GPA2 died, and his wife sell the property to Owner 2
4. Due to few mistakes were done in previous agreements, one of them was GPA to GPA transfer, confirmation deed was made between GPA1 (as first party) and Owner2, mentioning Owner2 is whole and sole owner. (this confirmation deed registered in a sub registrar office)



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     02 August 2023

A GPA holder cannot sell the property to a third person by executing another GPA on his name.

Besides on death of the GPA holder the deed stands automatically cancelled.

By just bribing the sub registrar the subsequent deed made cannot be held legally valid.

It appears that the seller is having a defective title hence the title transferred to the third party purchaser will also be considered as defective title.

You may better obtain a proper legal opinion and then proceed only if recommended

1 Like

Mohammed Rafi   02 August 2023

Thank you sir for your reply. 

The GPA1 and GPA2 both had clauses of authorization to sell the property. In this case, the GPA1 issuing confirmation deed to owner2 still stands defective ? Please confirm. 

kavksatyanarayana (subregistrar/supdt.(retired))     02 August 2023

The well-knowledged expert Sri T.Kalaiselvan advised you very well. As GPA 2 is died and the GPA stands automatically cancelled and it has not valid.  Not advisable to proceed in the scenario.  Better to consult a local advocate with all the documents you have.

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 August 2023

Satyanarayana Sir, Thank you very much for your recognition and endorsement

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     02 August 2023

Most welcome sir.  It is a pleasure to me sir.

 

1 Like

Mohammed Rafi   03 August 2023

Thank you both. It surely helped me alot 🙂


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