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Ashok Yadav (Lawyer)     30 September 2011

Sale deed by gpa holder in his own favour

My dear ld. friends I have asked this question previously but couldnot find any citation pls provide if you have:-

X is a pvt. ltd. company, it obtains a regd. GPA in its name through its representative from the seller of the property.
Now question is this- can the company X through its representative execute a sale deed of the same land in favour of its own means in the name of X.

The X is GPA holder and the X now wants to execute sale deed in its own favour, i know its legal there is no problem, power has been given in GPA to execute sale deed in its own favour.

Can my Ld. friends provide me any citation of Supreme court or High Court or any other valid law which can be shown to Sub registrar because he is refusing to execute sale deed by the pretext that vendor and vendee can not be same person.

Please provide some help with citations or any rule in this regard.
 



Learning

 1 Replies

kumar t v s (advocate)     30 September 2011

Sri Ashok ,

Vendor is the principal who executed the GPA in favour of his agent. Agent merely acts on behalf of Vendor.

Vendee is the agent himself and here he acts in his own capacity.

SRO should not have any problem in registering as long as you are paying proper stamp duty and registration charges. If the sub registrar does not agree, approach the Dist. Registrar or the Registrar General. 


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