sagar (Worker) 13 September 2013

Mother deed of property

I have property , which details is as follows.

During time frame of 1990 as the registration of revenue sites was prohibited in karnataka, Person A has executed irrevokable GPA & sale agreement in favour of person B in 1990. then person B has executed GPA in favour of my mother in 1992(In GPA agreement executant has specified that he & his legal heirs will not revoke this GPA in future).

Then my mother(GPA holder) has executed sale deed of the property in favour of my father name in 2006 without the presence of principal executant(person B). Even there is no signature of person B in the sale deed, only GPA holder(my mother) & purchaser (my father) signature are available in the sale deed executed.

Now my father had executed the gift deed in favour of me. Now we have only parent deed starting from person A executed irrevokable GPA in favour of person B to till date. All above specified GPA are only notarised, it is not registered in sub-register office.

I have following questions related to above subject matter.

1. Now Will there be any issue with the current gift deed in my name. Is this gift is free from any arising new litigation?

2) Since property is register in 2006 for first time, Does after 13 years completion (from 2006), will the documents will be more stronger?. Is there time line(for continuous holding) when property will be litigation free?

3)Why bank and finance institution ask for only 13 year EC?. Any reason for number "13"?

Expert, Please reply!!

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

Mr. Sagar,

The GPA Deed is that the holder of the deed is the agent who has been empowered to perform certain acts on behalf of the principal in his absence which includes conveyance of immovable property by way of execution of sale deed and registration thereof. Your case, the original power agent has transferred his powers to another person through another GPA deed without any legal rights to do so especially without the permission and consent of his principal, therefore this action will render breach of faith by the power agent to his principal resulting into the GPA losing its credibility and stands revoked automatically, therefore the GPA Deed made by B in your mother's favor is also invalid, as such your mother has got no legal title/status to sell the property to your father and since the purchase of property by your father is invalid, he cannot make a gift deed of the property over which he has no right. If, however the property documents stand in your name, you have to prove the genuine source of acquiring the property so that the bank will be able to grant you loan confirming that the property is free from any encumbrance and that there will not arise any dispute in the future over the property when it is brought for auction in case of default in repayment of loan and the interest thereon. Hope this will make you clear of your title over your property. Advocate Kalaiselvan, Vellore, Ph:+919443441062

sagar (Worker) 13 September 2013

Dear Kalaiselvan,

Thanks for your opinion. Need clarification as below.

1) "Person A has executed irrevokable GPA & sale agreement in favour of person B in 1990":- Since person A has signed "sale agreement" to person B, Will person B have right to give GPA to my mother??

2) Why bank and finance institution ask for only 13 year EC?. Any reason for number "13"?

Thanks

sagar.

T. Kalaiselvan, Advocate (Advocate) 13 September 2013

Mr. Sagar,

Please do not confuse clubbing two different subjects together, i.e., GPA Deed is different to that of Sale Agreement. If A has entered into a sale agreement with B then there is no need for for A to empower B to act as his agent to dispose his property on the basis of the Power of attorney deed, here B becomes the purchaser and the A the vendor,, so there is no need for a GPA deed if the sale Agreement Deed was made. Therefore, if the B has transferred his Power to some third persons this act B is illegal and invalid which means all the subsequent acts/transactions in this relation by B or his successors in line is Null and Void. Your first question stands answered.

Now, the Bank or financial institution insist EC on a sizeable number of years to substantiate the minimum line of title fo the property because there is a 12 years limitation for mortgage attachments, and few other legal actions, hence.