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ALA Rambupal Reddy   26 August 2023

Sale agreement cum gpa

Hi All.

My Father Gave a Sale Agreement Cum General power of Attorney to one Person in 2008 (in that Agreement they wrote as for the amount of 500000 on this day ie on 2008 we received 490000, Remaining 10000 at the Time of Registration they have to Pay) but he executed Sale Deep on 2015 himself through the Agreement which my father Gave on 2008, he didn't informed to my father at the time of Sale Deed Execution. 

Q1 . Sale Deed Executed on his Name with out Principle Signatures, such type of Sale Deed Valid Or Not?

Q2 . They Mentioned in that Agreement 10000 balance need to pay at the time Of Registration, but he didn't paid. such time of Sale Deed how got Executed at Registration Office?

Q3 . As per Supreme court Judgement Sale Deed Transactions are Not Valid Right? can i fight for that Property.

Q4 , My father Expired in 2021 , Is Their any chance now to cancel that Registered SA GPA at Registered Office.



 6 Replies

Dr. J C Vashista (Advocate )     26 August 2023

Signature of vendor (seller) and witnesses is mandatory, vendee (purchaser) may or may not be there.

Balance of consideration of Rs. 10000/- has to be amicably settled, if not paid / received by vendor. Registration officer must have confirmed before acceptance of transfer title documents, which cannot be presumed.

Can you mention the citation on the subject ?

Consult and engage a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.

ALA Rambupal Reddy   27 August 2023

Please help me how to cancel that sale Agreement cum GPA

Dr. J C Vashista (Advocate )     20 September 2023

Issue a legal notice for cancellation of agreement to sell and SPA through a local lawyer.

ssr767 Athota   02 November 2023

sale cum gpa is cancelled after principal dies . its not sale deed yes u can fight legally with the help of local lawyer .

T. Kalaiselvan, Advocate (Advocate)     03 November 2023

1. It is very much valid.

2. What is the proof you have to prove that he did not pay the balance  sale consideration amount.

3. Which judgement are you referring to ? Be specific in your question.

4. Your father died in the year 2021 whereas you have stated that he had transferred the property in the year 2015 itself, hence once the purpose of the GPA is solved, it automatically becomes infructuous.

Hence you cannot cancel the Sale deed or GPA now.

ALA Rambupal Reddy   03 November 2023

In that GPA cum sale document. They clearly mention. Amount has to pay at the time of registration. Atleast he has to inform to us right. Even the sub register also didn't informed. 

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