Validity of sale deed executed by unregistered gpa holder in


Validty of sale deed by unregistered GPA holder and now GPA holder says GPA is cancelled.

Sequence of activities

1. GPA was executed by the land onwer and his 2 sons to Mr X in 1991 and it was notarised. This GPA has given all powers to the holder and it is mentioned irrevocable.

2. Mr X made the sale deed to me in 1997 and it was registered. However land owner or his sons have not signed the sale deed.

3. The land owner was expired in 2007

4. Now his sons are telling that GPA executed is cancelled, hence they are claming the owenership of site.

5. i am paying BBMP taxes since 1997, have "B" Khata , have BWSSB / Bescom connection in my name. Have EC also in my name.

My queries:

1. Can the land owner or his sons cancel the GPA in 2007 once sale deed is executed by GPA holder in 1997.

2. Can the land owners son cancel the GPA after the death of the land owner

3. What is the remedy i can take now.

Request you to reply on top prority.

Thanks/Ravi

 
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Advocate, Chennai

I am very sorry to say that you had wrongly purchased the property from the GPA holder whose GPA was an unregistered one. Your sale deed is null and void. Whether the GPA was cancelled to your pre-purchase or post-purchase is not a main point in issue. The said unregistered GPA was a legally invalid document all through. So you cannot claim the ownership of the property anymore. The taxes paid by you simplicitor will not entitle you to claim ownership of the property.

 
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ok. but can the land owner cancel GPA after the subsequent transaction?

Thanks/Ravi

 
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PARTNER

My view is differnt from the one expressed above.

The GPA does not require registration if the same does not involve transfering of property. When the original GPA was made there was no conveyance. It was made for creating an agency in favour of the agent. As there was no conveyance it does not require registration.

When the sale was completed to the second party, the conveyance takes place at which time the required registration is done. The Key element here is, when the sale was completed to the second party, whether there was agency in existence. If yes, then the sale deed, as the required stamp duty was paid, is valid.

However, if the agency (here GPA) was cancelled before the sale was made the agent can't validly convey the title as he is not a representative any more. Here the important point is when (if ) the GPA was properly cancelled. Since it is not a registered GPA, the evidence to prove that the GPA was cancelled before the second sale, will determine the validity of second sale. It the sons could not prove that the GPA was cancelled before the sale, then they can't deny the sale. I saw a judgement on similar lines.

I stand to be corrected.


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