Sale is illigal through gpa

Advocate

Dear Dilip Kumar,

Mutation is for revenue purposes only( property tax assessment). It does not give any legal right to the person whose name is found in the revenue records.So in your case, the new GPA holder will get his name mutated in the revenue records , which is perfectly legal.( only thing is that if the question of ownership arises- he will be in poor light).
 

 
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Thank you dear Vish.The case is like that the real owner gives the registered POA to the attorney holder then the attorney holder sells the property to  a third part vide a registered sale deed.Now the third party, who purchased the property vide registered sale deed by paying the stamp duty and registration fee, got his name mutated in the revenue records.in the above background, shall the third party hold a valid and marketable title of the said property or not? Thanking you in anticipation.

 
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Do not worry mr Sahoo, all registrations prior to SC Judgment by GPA are valid. Even subsequent to SC judgment in cases where GPA is resorted to avoid paying proper stamp duty are hit by the judgment. The law has not changed drastically for people to get worried. 

 
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After being puchased the property from the registered attorney holder vide a registered sale deed,what is the best way for the new owner to deal with the power of attorney earlier executed by the previous owner infavour of the attorney holder?

 
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Advocate

Dear Sahoo,

Get a sale deed executed in favour of the new owner from the actual owner.

 
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How is it possible? The real owner is not authorise to sign the sale deed as he has already executed the POA. It will be void.

 
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Advocate

Dear Sahoo,

A POA can be revoked , wheras a sale deed cannot be revoked.

 
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There is no whereabouts for Actual land owner for the past 15 years.

 
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All original documents from 1907 to 1984 including patta available only with the last purchaser

 
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