Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Manoj   10 April 2022

Conveynce deed on the basis of gpa

I Purchased a property from my father Thru GPA and Agreement to sale in 1998. Both the documents are unregistered but notrized. I also have the payment reciept of the transaction. My father passed away in 2007. I am residing at the same property for the last 20 years.

now can I convert the property to freehold on the basis fo these documents and sell it.

Please suggest


 3 Replies

Advocate Bhartesh goyal (advocate)     10 April 2022

No, S.C has held that property purchased through unregistered sale agreement and GPA is not valid and title does not conferto to such purchase so on basis of such documents you can not legally sell the property.

Manoj   10 April 2022

Thanks for your reply sir.

Can I apply for freehold in my name on the basis of these documents.



Shubham Bhardwaj (Advocate)     10 April 2022

Dear Mr Manoj, 

Let me give you a simple way.  You and your brother/sister/mother are legal heir to the properties of your father. Now as far as this property is concerned, your father has sold it to you but without conveyance deed. So as on date it stands in the name of your father and legally (without taking into account the sale to you) it will go to all the legal heir. 

So simply sit down with all the legal heirs and tell them the fact of sale, if they are not aware. If they are aware it will be simple. Now I am assuming that legal heir will not object. Then make a family settlement wherein this property will be transferred to you. On the basis of settlement document, register the property in your name. You will also save stamp duty on settlement because stamp duty for family settlement is very low as comapred to other conveyance.

But is the heirs object and do not recognize the sale then you might have to go through the legal route. Take help of a lawyer in the legal proceedings. 



Shubham Bhardwaj (Advocate) 

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh


Disclaimer:- Opinion is only for guidance

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register