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Gopal (sse)     16 January 2012

Risk of purchasing a flat for an revoked gpa

Hi Everyone,

I have a question.  X1, X2, X3 are the orignal owner of 4 acres of non-agricultural land in Bangalore. Y enters into a Registered GPA with X1, X2, X3 to construct a multi-storied apartment in the above land.

I have purchased (registration is not complete) one such flat through Y and got a flat occupied after completing the internal works. During the construction period, X2 has revoked the GPA and re-executed the GPA (with different GPA number). Now Y is ready for registration of my flat. I'm not sure whether the GPA is revoked again or not.

1. If the GPA is revoked and if I complete the registration in the sub registrar office, what kind of legal issues I may face in future.

2. How do I find out of whether the registered GPA has been revoked before I registered the flat in my name. 


3. In the draft sale deed, the builder has not mentioned the details of GPA being revoked and re-executed details.



 5 Replies

kumar (NIL)     17 January 2012

Hi Gopal, need some clarifications of below

1. Does X1, X2 & X3 have got the any registration on their names for entire 4 acres ! (in which year)

2. When the GPA has been revoked ?

3. Have you checked the conditions in Old GPA & Revoked GPA ! For what purpose the GPA has been revoked ?

4. Is all Land Owers and GPA holder's are getting involved for doing Registration on you name !

Suggestions:

1. Take Encumbrance Certificate from start date to till date (from 1980 to til date)

2. Ensure that GPA should consist for all 4 acres of land

3. Check the Both GPA (old & revoked) conditions (if any conditions / clauses has been changed)

If everything is gud, then you can go for registration.

Thank You...

Gopal (sse)     17 January 2012

Hi Kumar,

Thanks for the reply.

>>> 1. Does X1, X2 & X3 have got the any registration on their names for entire 4 acres ! (in which year)

Yes, it is their parent property, which they divided among themselves.

>>> 2. When the GPA has been revoked ?

2009

>>> 3. Have you checked the conditions in Old GPA & Revoked GPA ! For what purpose the GPA has been revoked ?

I don't have the Revoked GPA. Some misunderstanding between landowners and builder related to monetary issues.

>>> 4. Is all Land Owers and GPA holder's are getting involved for doing Registration on you name !

No, mine comes under the builder's share and only builder is going to sign the Registration.

Is it mandatory to mention the revoked GPA details in the sale deed?

If the revoked GPA details are not mentioned in the sale deed what would be the legal issues I may face.

kumar (NIL)     17 January 2012

Gopal, i request you to collect these documents

Take the revoked GPA document number and get a Certified Copy of the same document from the Sub registrar

Verfity the both GPA's (any change of conditions)

Take the development agreement from the builder and check the agreement whether your flat comes under the builder or not.

If your flat not comes under builder's share, then all the land owers and GPA holder should be in registration process.

Revoked GPA details has to be mentioned in Agreement

Gopal (sse)     17 January 2012

Hi Kumar,

Thanks for the reply. one general question

>>> Revoked GPA details has to be mentioned in Agreement

What if the builder is hiding the revoked GPA at the time of registration and gives only the original GPA details in sale deed and completes the registration? How it will affect me?

Should I go to sub-registrar office and find the original GPA is revoked or not?

kumar (NIL)     18 January 2012

There is only way to find out whether the gpa has been revoked or not. First you take Encumbrance Certificate for last 30 years, in EC you will find out all the document details including document numbers. If the GPA is revoked then take the document number and apply for Certified True Copy with that document number.


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