Civil Procedure Code (CPC)

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Mohan (ceo)     08 August 2012

Property registration without registered gpa ?

Recently we had deal for property by paying advance 10% of total property rate. After legal verification it is revealed that seller will do registration with un-registered GPA document. He is claiming it is valid however we feel it is kind of a risk. May we seek your valuable legal advice ?  Is there a law which can support us to get back our 10% amount which was paid as an advance. Thank you all for reading and future comments.



 14 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 August 2012

thru., unregd., GPA sale deed cannot be executed.  You demand to refund the money if he didn't agree to execute the regd., sale deed with regd., GPA, otherwise you will have to file a suit for specific performance of contract.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     08 August 2012

1. Have you entered into an agreement to sell with him ? What does it say about how property is to be transferred ?

2. A GPA transfer is no more valid, if the intention is to sell the property ,insist on a regular sale deed duly registered, nothiing less would work.

Consult a local advocate with a copy of Agreement to Sell.

1 Like

N.K.Assumi (Advocate)     08 August 2012

Agree with the above responds, which is based on SC Judgment.

1 Like

Mohan (ceo)     08 August 2012

Hello  Adv. Bharat Chugh and All,

Thank you very much all for your quick response.

We have not  yet gone for agreement . Just we had paid them10% as an advance to get property documents for legal verification. Once verification is done then we were suppose to proceed for agreement.

They have mentioned that property would be transferred based on GPA only as owner is not available.

Hope we will get our amount back.

 


(Guest)

Mohan,

As per the latest judgment of Supreme Court delivered in Feb, 2012, no property can be transferred on the basis of power of attorney. If the amount was paid for carrying out Title Verification & Search pursuant to which if the agreement to sell was to be executed, issue letter under your signature signifying your denial to enter into agreement and ask for refund of the money you have paid to the owner as earnest money. Specify that the money was deposited so as to enable you to carry out search of the property.

1 Like

Mohan (ceo)     08 August 2012

Thank you Yougesh for suggestion.

Naveen Kumar (service)     08 August 2012

Above all is absolutely correct.  But one option is there, you have not mentioned where is the owner.  whether he is in abroad or in india.  If he is in abroad owner can give GPA to any of his blood relatives who stays in india duly attested by respective embassy of his country where he is residing and the same GPA has to be get attested for Rs.200 before the District Registrar of Stamps and valuation.  So then there is no problem for register the property through GPA.  in case if he is in india follow the valuable suggestion given by experts.

bhagwat patil (Property due diligence 9422773303)     10 August 2012

If the POA is signed before 1990 and it notarized you can proceed with the help of locale lawyer,second option you can contact to the original owner and take the consent for the agreement.

siva kumar (Consultant)     13 August 2012

i am planning to purchase one plot from big layout venture in bangalore. I came to know that, The seller (and owner of property) is in jail on some criminal charge and hence given the  GPA on his own younger brother's name. From the seller's office i understand that the GPA is not registered. When i questioned about the legality of un-registered GPA, they put me to their lawyer (the same lawyer has given his legal openion about the property). Their lawyer told me that the un-registerd GPA with in blood relation is legal and acceptable.  May i request you to kindly let me know,  is the un-registered GPA with in blood relation is legal. it would be of great help for me to proceed further with the deal.

thanks in advance.

Naveen Kumar (service)     13 August 2012

Yes Mr.shiva, the GPA executed by seller/owner of property in favour of his young brother is valid only it's on 200 stamp paper.  I have done many [such kind of GPA] property registrations in  Bangalore. If any person wants to execute GPA  other than his/her blood relationship they need to pay 5.6% stamp duty in Karnataka.  But ensure whether the GPA holder is his own brother or cousin brother and also ask them to produce original Geonological Tree/Family Tree. 

1 Like

siva kumar (Consultant)     14 August 2012

Hi Naveen kumar

thanks for sharing the details. so can i consider that in this case un-registered GPA is not must.

can i understand that the same is valied among any blood relation in family !.

thanks for your suggestion about family tree review.

Naveen Kumar (service)     14 August 2012

Yes, Un-registered GPA is not required in your case, but ask them to produce Family Tree

Ofcourse it's applicable to all.  

siva kumar (Consultant)     14 August 2012

Thanks for your prompt response Naveen kumar,

can i understand your message as "....registered GPA is not required in your case...". i just would like to know "un-registered GPA" is the typo or is it your actual intention.

thanks in advance.

Naveen Kumar (service)     14 August 2012

Sorry its typical error, it should be Registered GPA is not required


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