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Vishnu N   30 November 2022

Ownership of an immovable property through gpa

Hi, I am planning to buy an apartment in Bangalore from a known builder. Upon checking the legal documents provided, the builder has agreed a JDA with land owner and there is a GPA given to builder to sell the apartment, this GPA is registered as well. 

 

However, the current owner has been given a GPA(1) by original owners of the property, and the GPA(1) was notary attested in 2002. And in 2004 an absolute sale deed to sell the property to current owner for a consideration and stamp duty been paid and that absolute sale deed was registered also. In this absolute sale deed the seller and buyer are same person (current owner) as the original owners mentioned in GPA(1) is not signed the absolute sale deed and signature is made by GPA Holder (current owner) in behalf of original owners. Is this sale deed valid considering this is already registered in sub registrar office.? The khata certificate is in the name of current owner, bbmp tax paid receipts are also in the name of current owner. Can the ownership of current owner be challenged in future if the GPA(1) has minors? Also, the mutation records shows current owner name, (original owners name changed to current owner) however the mode of possession in MR record is blank. (Usually it shows by purchase, by birth etc..)



Learning

 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 November 2022

Hello, 

I will suggest you to get title report and search report from advocate so that you can form your opinion for buying the property. 

1 Like

P. Venu (Advocate)     30 November 2022

No definite sugestion is possible unless the documents are perused and issues discussed.

Advocate Bhartesh goyal (advocate)     30 November 2022

 GPA(1) is unregistered and GPA(1) was minor at the time of execution of sale deed so documents provided to you seems suspicious.Better get checked the documents and consult to local lawyer before buying the property.

Shashi Dhara   30 November 2022

Trace the owner ship of it by taking legal opinion from civil well knowledged property advocate before proceeding .

kavksatyanarayana (subregistrar/supdt.(retired))     30 November 2022

As per your statement in the query, it is not advisable to buy that property.


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