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naga raj   24 November 2021

Is transfer of title from agpa valid

Person A sold the property to Person B (via Sale Deed)
Person B executed Agreement of Sale Cum GPA to Person C

I'm looking to buy the property from Person C, What all things needs to b considered here ?

Does the Person B's signature is required in my Sale Deed ?

 5 Replies

Dr J C Vashista (Lawyer)     24 November 2021

B is the titleholder (owner) of the subject property even if he has executed Agreement to sell and GPA in favour of C.

C has neither any title, interest, claim, authority or title of the property under sale/ purchase.

naga raj   24 November 2021

Does Person C has rights to execute sale deed to me ?

kavksatyanarayana (subregistrar/supdt.(retired))     24 November 2021

Usually, in a Sale agreement cum GPA, the agent of the GPA will have power to sell/mortgage/develop or any transfer.  If such a clause is not there, you cannot purchase the property.

Advocate Bhartesh goyal (advocate)     24 November 2021

No, C has no title/ownership rights over property so if you want to buy the property then you require B's signatures on sale deed.

M V Gupta (Advocate)     25 November 2021

As C did not get the sale deed in his favor, he is not the owner of the property. He is merely a holder of an agreement for sale, which does not transfer title to him. Heynce you have to obtain a sale deed executed by B as owner and C as agreement holder and confirming party. get the sale deed drafted by an experienced Advocate and get it registered. You also should check the property card of the property and satisfy that B still continues as Owner.

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