himabindu (software professional) 09 February 2012

Validity of registered gpa cum sale agreement

I have purchased house for Rs 8,00,000/- . The registered value of house is 7,80,000/-. We have registered the GPA cum Sale Agreement for Rs.7,70,000/-. The balance 10,000/- was also paid to him. The seller has signed on the Voucher .In GPA cum Sale Agreement his successors( sons & daughters ) put the witness signatures.Later , the Seller expired. Afterthat I have approched to his legai heirs ( Wife, Sons, daughters) to reigister the the house. They are not responding .

1. Whether the registered GPA has validity for the above transaction?

2. Whether the registerd sale agreement has validity?if yes howlong it will be valid

3.If we proceed through court whether the house will get registerd on our name.

4. what will be the impact of Supreme Court recent decision regarding GPA'S on my transaction

Reply Follow

10 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 February 2012

Dear Friend,

Please understand Agreement to Sell is no title not an ownership of the house, it's just a document that helps you get another document i.e Sale Deed which is the real title. However since you've paid most of the amount and The GPA is registered you are on stronger ground

At once serve them a notice asking them to specifically perform the contract that their father entered into, if they fail file a suit for Specific Performance - if you are in possession of the house - we can always protect the possession.

Feel Free to Talk.

1 Like

Bhawani Mahapatra (Law Officer) 09 February 2012

Well advised by Mr. Bharat.

sridhar pasumarthy (ADVOCATE) 09 February 2012

@Bharat Chugh,

If the sale cum GPA is executed after 11th October, 2011, does it not hit by recent apex court judgment in Suraj Lamp & Industries vs State of Haryana.

The author did not mention the date of the deed.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 09 February 2012

Dear Colleague Sridhar,

I am aware of the said judgement - that's why the advise is for going in for Specific Performance - if the judgment had'nt been there - i would have advised the concerned querist - to sit tight and enjoy the benefits of part performance.

himabindu (software professional) 10 February 2012

Thank you all.

the sale cum GPA is executed before 11th October, 2011.

It is executed in febraury month,2011.

Krishna Gulagari (LAWYER) 25 August 2012

Sir, I am Suraj from Hyderabad, Sir my mother purchased one plot through agreement of sale cum GPA but it is not regestered that document attested by notary in the year 2008, my mother vender also purchased the same agreement of sale cum GPA in the yerar 2004, my mother vendor's vendor purchased registered sale deed in the year 1990. In 2008 my mother gave that land to my sister by registered gift deed. So now my sister is ready to sell that propety, is she is having a right to sell that property.

saran (Advocate) 22 February 2015

Hi to all,

i am the owner of a immovable property through reg sale deed from a reg GPA dated 2011. now in 2015 i plan to sale that property i applied for EC, i was shocked to see three new entries after my entry of Sale deed date 2011 are reflecting in it -

1) reg GPA is Cancelled

2) reg GPA is given to another person for the same property i purchase through reg sale deed.

3) reg Mortgage deed for 10lak with out possession.

how come its possible i am having the original parent documents, original reg GPA, reg sale deed and from previous owner(Principal) to my name i changed the patta also, now patta in my name and i am in possession of that property too.

all these entries in the year 2014 but my sale deed in 2011.

the person who convey the property to me through reg GPA for the sale of my specified property for consideration of 30lak and i paid the amount fully then through reg sale deed was executed to me 2011. Now his principal cancelled the GPA after 4years of completing the sale deed.

now the person who plan to buy from me is afraid of that entries and ask me to claar that, what i want to do now, whether i am legal owner or not, it is possible to do like this after completion of sale deed, help me.

Rohit 04 July 2015

Hi Saran- Did you get a response to your query posted above for the GPA?

Srinivas 21 March 2018

Hi, I have a doubt. Why agreement of sale cum GPA is made instead of Sale deed. The GPA holder can directly ask for sale deed from seller. What are the advantages and disadvantages and why this AGPA is used. Can we buy a plot from Agreement of sale cum GPA person? What others precaustions we should take if we need to purchase from AGPA.