Property initially sold using unregistered gpa

In the year 2010 it was not mandatory to execute the POA deed by a registered document.

The wife has given power to her husband and the joint owner of the property, hence there is no question of any legal heir claiming any rights over the property that belonged exclusively to the husband and wife 

An unregistered GPA is not valid. Why did the wife give GPA to her husband and the husband sold the property on the same day? The wife could have jointly sign the sale deed. The buyer from whom now you want to buy the property is in possession of the property since 2010. He can claim that he is in adverse possession of the property for more than 12 years which is the period under the law of limitation. Still it will be a risky purchase for you.

Sir if any legal heirs of the wife show up some day ,do I have any chance in legal proceedings to fight it out...the main concern is the unregistered gpa .some point out it's before 2011 judgement,some say it was around 2005 when unregistered gpa law was introduced 

Some legal experts give a blanket advice of no to unregistered gpa irrespective of the date when it was given to the holder 

According to the Supreme Court of India, an unregistered General Power of Attorney (GPA) for the sale of immovable property has been invalid since 2011.

Notarising GPA or Registered GPA for immovable properties were optional till October 11,2011 after the judgement of the Supreme Court of India pronounced in October 2011 in the matter of Suraj Lamp and Industries Pvt.

The husband sold it to the present owner on the strength of the unregistered GPA from his wife in January 2010. The present owner is in possession of the property since January 2010. If a legal heir of the wife or any other person stakes claim for the property, he can defend saying that he is in possession of the property for more than 14 years (more than 12 years under the law of limitation) and hence he cannot be dispossessed. But if he on his own goes to the court and prays to the court to declare him as beneficial owner, the court may not oblige him. The right to property under the law of limitation cannot be a sword. It can only be a shield. The right to property is more than the right to enjoy is the right to alienate. The right to alienate the property of the present owner is not very clear. Hence you have to be careful.

The wife  has authorized  the husband  through  GPA ( unregistered )  to execute  the sales  deed  and sign on her behalf . Wife  has not sold  her share  to  husband ( This I have understood  from the querry ) . . There is  a  sales deed  . The Suraj lamp  case was in repsect  of sale  of property  through  GPA . Here  the querry is  wife  authorized  the husband  to sign  on her behalf  on the sale deed . It should have  been better  , if the wife also signed  the  Sales deed . However  in my opinion  she could  authirized  only throgh registered  POA  in case of immovable  property  and not  through unregistered  POA 

Sanjeev Duggal  Advocate    

The purpose of registration of any document is to assure its authenticity. If the authenticity of an unregistered document is to be assured one will have to go to court. The court will ask you to give a public notice inviting objections, if any. The court will also call the witnesses to the document and examine them. After all the procedures if the court is satisfied, the court will issue an order confirming the document. If the document is registered all this is necessary. The full designation of the Registrar is the Registrar of Assurances.