This is nothing new and most of us are aware of the fact already that buying a property on General Power of Attorney (GPA) is inherently risky but we continue to ignore all ills only to repent later-on.
Buying a property on GPA and thinking that you are legally the new owner of the property is not correct. In-fact, “Owning a Property on GPA” is a misnomer as there is no transfer of ownership of property from the original owner to the buyer meaning a property transaction on GPA does not result in transfer of title to the property in favor of the buyer. Instead what it effectively does is gives the “Right to Sell” to the buyer which in most cases is irrevocable.
GPA can be easily challenged in the court of law resulting into long-drawn legal battle between the original owner and the buyer of the property which eventually leads to out-of-court settlement thereby causing a lot of misery and loss to the buyer of the property.
District Courts are filled with suits where the original owner creates a third-party interest in the property already sold on GPA by re-selling it and challenging the execution of GPA in favor of the original buyer mostly in connivance with the new buyer thereby meeting his objective of creating a dispute on the property and thereby forcing the original buyer either to settle or to take legal recourse.
In most cases, option of legal recourse is not easy to make for the original buyer as it has its own challenges. Effectively, all this results into lot of agony and loss to the original buyer; a heavy cost for not taking adequate safeguards in time.
Now the question is why one would like to buy a property on GPA given all the risks it brings with it. Reasons could be many but two of the top ones are:
- Govt. rules and regulations many a times force transactions on GPA.
- Buyers looking to save on Stamp Duty.
Should you ever do a property transaction on GPA, here are some of the possible safeguards:
- Make sure that the GPA clearly layout intent of the seller and rights of the buyer.
- Make sure that that the GPA is irrevocable.
- Register the GPA with appropriate registering authority.
- Make sure that the witnesses on the GPA are reliable and trustworthy.
- Make sure to match signatures of the seller with his identity proof.
From the discussion above; it is evident that the property transactions on GPA are for brave heart who are well conversant with system and know of ways and means to tackle a situation in advent of adversity.
- Make sure that the GPA clearly layout intent of the seller and rights of the buyer.
- Make sure that that the GPA is irrevocable.
- Register the GPA with appropriate registering authority.
- Make sure that the witnesses on the GPA are reliable and trustworthy.
- Make sure to match signatures of the seller with his identity proof.
From the discussion above; it is evident that the property transactions on GPA are for brave heart who are well conversant with system and know of ways and means to tackle a situation in advent of adversity.
FAQs:
Q: Is registering a GPA an adequate safeguard?
A: Registering a GPA is not any solid safeguard although it can be a substantial evidence in establishing the validity of the GPA.
Q: Where can a GPA be registered?
A: GPA can be registered anywhere in the country and does not necessarily have to be registered with the authority which has the jurisdiction on the property.
Q: I have a GPA on a property in my name. Is it legal to make a Sale Deed in favor of my wife?
A: Yes, it is absolutely legal and safe to do so. Some lawyer may try to cheat on you by advising otherwise.
Q: Where should the Sale Deed be registered?
A: Sale
You may ask us for any clarifications which we will be more than eager to address. Please leave your queries in the comments section
Sandeep Gupta
Panelist – Consumer Rights Mission
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Consumer Rights Mission is dedicated to empower and further the cause of consumers.
hi,
ReplyDeletePrior to recent Supreme Court judgement,I had purchased the propert on GPA. I had got this GPA registered with the authority.
Now I would like to see this property and the buyer will get the Sale Deed registered in his name.
Would like to know whether this is possible in line with recent suprement court judgment. Or should I have to get sale deed done in my name first & then sell it.
regards
Rajiv
As per the recent Supreme Court judgment Sale Deed (SD) is the only valid document related to title of property. GPA and / or Agreement To Sell (ATS) are no longer valid documents in relation to the title of the property.
ReplyDeleteHence you will need to get the SD registered in your name first to be able to sell the property.
I purchased a property(plot)in 2006 and had registered the sale deed through my father by issuing him a GPA. In 2012, I want to sell my property and have the following questions:
ReplyDelete1. Is it required to have the GPA issued in 2006, since it is not traceable now?
2. Is it required to make the sale deed again through a GPA issued to my father?
3. I understand GPA between blood relatives is not required to be registered, is that correct? If yes, is it necessary to make a cancellation document once again?
4. Will the sub-registrar which registered the property have a copy of the GPA?
Thank you for your answers and clarifying my doubts.
Since you already have the sale deed in your name, the property belongs to you and you can sell it the way you want.
ReplyDeleteYou don't need the GPA issued by you to your father to get the property registered in your name.
Well if you still need it as the sale deed will have your father's signatures, it should be available at the sub-registrar office as you thought.
ReplyDeleteAbout registering GPA, it is not must but is always good to do so just in case their is any dispute, you can call for records from the registrar office.
dear consumer,
ReplyDeletewe have property GPA agreement in my mother in laws name. we constructed house and we are leavingin same property but no registration happen. now my mother in law no more but now we can register this property in my husband name or my father in laws name plz let me know.
your father-in-law is the legal heir of your mother-in-law's property in absence of any WILL from here specifying otherwise. Therefore the property will have to be registered in your father-in-law's name.
DeleteThere is not even a possibility of registering property in name of your husband even if your father-in-law agrees after the recent Supreme Court judgement making registry of property must for any transaction to take place.
Hope this helps. You may get in touch again if you have any further queries.
Hi, I want to buy a property for which only GPA (it is registered in the registrar office but no sale deed is there)is available which was given by builder to current owner of the property (for me; the seller). How can I purchase this property as now GPA is invalid mode. So the basic question is that how the current GPA holder will sell/transfer the property to me.
ReplyDeleteFor a valid title to the property registered sale deed is must after the Supreme Court ruling and that is precisely what the seller in this case needs to do. He should approach the builder to execute and register sale deed in his favor upon which he is free to sell his property.
DeleteHi,
ReplyDeleteI wish to buy a land in New Palam Vihar Colony of Gurgaon and have following questions
Q1 - Property Dealer told me that New Palam Vihar has free hold plots and it is a authorized colony but unapproved/irregularized, what is difference between Authroized and Unapproved Colony?
Q2- Land here is surely freehold but transactions happen only through GPA as Registeration is closed by Municipal Corporation of Gurgaon, to which property dealer tells me that we will have GPA registered from NOIDA, so is that safe?
Q3- As per Agent corporation starts registering New Palam Vihar properties some times and closes it for few months (Which is quite usual in Palam Vihar's case) so you can register once corporation starts registering in few months; does that happens?
Q4- Once GPA gets registered in my name, would I require original owner to be present to register property in my name in future?
Q5- Can I do construction on this land?
Q6- Area also offers independent houses but again on GPA; would they be more safer than Plots to buy?
Q6- Is illegal capturing of GPA transacted plots easy for land mafia?
Thanks
Atul Wadhwa
I intend to buy land in New Palam Vihar but have few questions
ReplyDelete1- New Palam Vihar has freehold plots but colony is unapproved however authorized as told by agent to me; can a colony be Authorized but unapproved?
2- Agent told that for time being Municipal corporation of Gurgaon is not registering any properties of New Palam Vihar for time being but will soon register, so we will have GPA registered in NOIDA for time being; is that safe?
3- As per agent Corporation here start registering some times and then closes for month or so and start again; does that happens that registration is open for a while then closed and then open again ( He also told that once open you will have to give additional money to officer to register it)?
4- If registration happens in future would original owner be required to be present physically to transfer title in my name provided the GPA is irrevocable and registered?
5- Is illegal land capturing on GPA transacted land easy for land mafia
6- Could I face any construction hurdles on such land? (Many houses are being constructed here though)
Regards,
Atul Wadhwa
Property can be freehold only if the registration of the property is allowed in the buyers name. In other words, without registration property can not be freehold.
DeleteAnything which is not approved by competent authority cannot be freehold.
Transactions on GPA are susceptible to all kinds of risks as also highlighted in this article.
Normally original owner is not reqd when transferring title.
A big CAUTION for you from our side.
Hi,
ReplyDeleteI bought property paying 25% of amount.Unfortunately later I came to know that land is getting registered by GPA holder(not irrevocable) to buyers.
As per supreme court verdict I understand no more GPAs for transfer of title.
If I have NOC(No objection clearance) from actual land owner Plus(+)registration in my name(as govt is doing dont know why).Is this safe to buy??if not is there is any way ??
Thanks,
Ameen...
Hi,
ReplyDeleteI bought property paying 25% of amount.Unfortunately later I came to know that land is getting registered by GPA holder(not irrevocable) to buyers.
As per supreme court verdict I understand no more GPAs for transfer of title.
If I have NOC(No objection clearance) from actual land owner Plus(+)registration in my name(as govt is doing dont know why).Is this safe to buy??if not is there is any way ??
Thanks,
Ameen...
You are right as per SC order GPA's are no longer the instrument for transfer of title. He should ideally first register the property in his name using the GPA he holds and them should do what is being done otherwise registration in your name is null and void.
DeleteCAUTION
Please help us, there are some property in my town (some shop and home from 1967) and now someone coming form spa and telling that this land is his. this land was Center Government land (Custodian) and original owner take land on lease for forming. after death of original owner now agent come with GPA and buy it. but registry was cancel by
ReplyDeleteCenter Government land (Custodian) officer in 1989.
Agent submit the case against Center Government land (Custodian) in High Court again
now case is running.
Can you please tell us how can we save our homes form Agent ?
You should move an application in the court to make you a party in the on-going case and contest it to the best of your abilities.
DeleteAll the best.
Thanks for your reply
DeleteNow Situation is that high court declare the case result in his favor and soon court will done the all other things,
Now all the Shop Owners submit case against the Center Government land (Custodian).
Now Please tell me what are the possibilities.
If The Agent Win Case.then ?
is any benefit submit a case against Center Government land (Custodian) ?
is any benefit submit a case against Agent ?
you can drag the matter to court against the agent by appealing against the order of the honorable high court.
DeleteHi,
ReplyDeleteYou always provide me helpful content which motivates me to read your blogs again and again.
Nice information posted up with some valuable tips to infiltrate.
Thanks
DeleteDear Commision,
ReplyDeletevery nice to see blobs with your replies for consumer questions that helps consumers from lot of illegal transactions.
I am planning to purchase a plot in Bangalore.. Plot is registered from builder to person Y on behalf of represented person X. here Person X is actual buyer and not available at the time of registration.. so X made a GPA to Y... Plot got registered with sale deed to Y mentioning Y is GPA representative for X... X lost the GPA document and complaint to Police.. X has the Police compaint documnent..All Khata''s are X's name..Now If i want purchase plot from X, any complications involved with out their GPA documnent..Any remedy to resolve these issues like self declation from Y, GPA Holder mentioning that he is not owner of the property.. If so what kind of declaration (on estamp)is required.. your suggestions are helpful and valuable..
Thanks,
Bhaskar.
HI
ReplyDeleteAs per Delhi High court judgement GPA is legal to transfer any property from one person to other. Then please tell me is that safe to bye any property at New palam vihar (Gurgaon). Here all property transitions are through GPA.
Please advice me , i am willing to bye a property
Regards,
Sandeep
In no case can a conveyance or sale be done based on a GPA is not what the apex courts ruling of 11Oct2011 meant, is the clarification provided by HC in its recent ruling particularly pointing out a case of a builder/ developer who is entitled to execute sale deed based on the GPA entered into with the property owner thereby invalidating blanket ban on property transactions on GPA by the revenue department of Delhi government in in their 27Apr2012 Circular.
DeleteNow the question is what transactions on GPA are then not possible. Non-genuine ones; ones that are done to avoid registration and payment of stamp duty.
Now our understanding is that where a transaction on sale deed is possible but in-spite of that a transaction is done on GPA can be considered in-genuine and may not be registered.
But it is still an open can of worms with multiple interpretations possible.
Hi
ReplyDeleteI am planning to bye a property at New Palam Vihar (Gurgaon). All transetions are though GPA. Now after Delhi Hicourt order please advice me is that safe to bye this property ?
Regards
Sandeep
i purchased my land in 1996 by GPA. is it valid. if valid according to which rule. any evidence documents
ReplyDeleteSupreme Court's 11-Oct-2011 ruling applies to property transactions from the date of ruling. So you are safe.
Deletei purchased my land in 1996 by GPA. is it valid. if valid according to which rule. any evidence documents
ReplyDeletei purchased a land in the year 1996 by GPA. is it valid. if it valid as per which rule.
ReplyDeleteI have purchased a flat at First Floor in Aya Nagar, Phase - V, South Delhi, New Delhi thru a Property Dealer.
ReplyDeleteTotal size of building area is 200 sq yard and my flat size is 450 sq feet.It is builder flat. It is on GPA and builder game complete chain of the property to me.
Pls confirm what ducument is required b/w me and builder for this flat so that i could be on safer side.
I also heard that this area (Aya Nagar, Phase-V) is going to registered within 6-8 months and then we can do registry of this flat.
Pls suggest as i m on delima.
Ideally, there should be a sale deed between builder and you but as you said that it is possible only after 6-8 months. So meanwhile, there can be an agreement to sell (ATS) between builder and you with one of the clauses among others specifying that the builder will execute a sale deed in your favour unconditionally as and when that is allowed.
DeleteNormally in such situations, it is seen that builders ask for additional money when it is time for registry. So it is good to be safe.
I had bought a plot in Greater Noida (Noida Extension). As part of the process the allottee issued a GPA(registered in my father), an Agreement to sell (to me) and Will. Now the greater noida authority has declared that it will start possession from 15 aug. What should be the procedure that I should follow now to get registry? Is this transaction safe?
ReplyDeleteAs a GPA holder, your father can act on behalf of the allottee and get the registry done in your name. Registry is now possible on GPA based transactions.
Deleteas per the latest supreme court order; isn't GPA now VALID?
ReplyDeleteYes, it is valid now.
Deletehello sir,
ReplyDeletei had a family house in palam new delhi, we have GPA of house on my late grand mothers name.
my grand mother left a will in which she made my mom new owner of the house.
so , my question is that - in future any one (my father's four sisters) can claim there share on house and how can we get registered house to my mothers name.
pls reply.
hello sir,
ReplyDeletewe had a house in palam new delhi, we have the GPA of house on my late grand mothers name. My grand mother left a will in which she made my mom new owner of the house.
So, my question is that - in future can anyone(my father's four sisters) can claim there share on the house and how can we get registerd our house.
thnks.
My father and mother had purchased a property in Delhi with Agreement to sell being in my father's name and GPA being in my mothers favour. Both expired and we legal heirs signed an RD in favour of our brother. Now, my brother is shifting. So, I have purchasd the property. The property is issued to some way back in 68 and then it was sold to someone else on GPA. We purchased the property from him only. Pl. let me know can I get the Sale Deed and GPA registerd now. Whats the diff between a Sale Deed and AGreement to sell. If Kashmere gate authority is registering the property from GPA to GPA why Janak puri and other authorities cant do that. Pl. elborate.
ReplyDeleteSale deed is the actual transfer of title in property whereas Agreement to Sell lays down only the terms of property transaction between the two parties.
DeleteYour other questions are not clear enough for us to respond.
I had purchsed a residential land in greater noida on gpa which was irrevocable also it was registered in the greater noida authority in 2011. The GPA was made on my father's name and the sale deed was made on my name. Is this transaction safe or what are the risk involved
ReplyDeleteYou are safe as the sale deed is done in your name and GPA was also registered.
DeleteHi,
ReplyDeleteI'm planing to buy gram panchayat propert through register GPA and again i want do sale deed in my name.
Please let me know can do sale deed in my without saller? Is it possible and valid.
Regargs,
GM
Since you are the GPA holder you can get the sale deed done in your name without the seller.
DeleteI have a flat in a cooperative group housing society in Delhi. The CGHS Flats are build on Lease hold land. Can I get GPA registered in Delhi to transfer the property. There is lot of confusion prevailing registration of GPA in Delhi even now for Cooperative Group Housing Society Flats.
ReplyDeletePlease reply and advice.
Regards
Yes... Such transactions are possible only on GPA as the property is still not Free Hold.
DeleteHow can such transactions be possible when the sub registrar offices such as Janak Puri and Rohini are still not registering GPAs pertaining to CGHS Flats build on lease hold land.
DeletePlease update how can one get a GPA pertaining to the transfer of a flat in a CGH Society, registered in Delhi.
Regards
The new policy, however, does not address the problems of another lot of homebuyers who either bought DDA LEASEHOLD properties through GPA sale after October 11, 2011, or are unable to fulfil some minor documentary requirements.On October 11, 2011, the Supreme Court in the case of Suraj Lamp vs the State of Haryana had banned the sale of properties through GPA but the Delhi revenue department issued an administrative order for the implementation of the judgment on April 26, 2012, almost---- SEVEN MONTHS---after the order.In the interim period, hundreds of homebuyers bought DDA LEASEHOLD flats through GPA, ATS and will and got these documents registered with the sub-registrars by paying STAMP DUTY . Many of them also applied for leasehold-to-freehold conversions by paying the requisite chares, totalling more than R1 lakh per application. However, their applications were STUCK. The flat owners are in a fix. They can’t sell their property through registered GPA because it has been banned by the Supreme Court. They also can’t get their property converted in their own name because DDA REFUSES to allow them to get conversion done from leasehold to freehold. WHAT TO DO......
ReplyDeleteIn May 2013, the Delhi High Court struck down an internal circular of the state government issued in April, 2012, which restricted property transactions through GPA providing clarifications on SC's Oct'2011 order.
DeleteTherefore, it is now possible to do property transactions on GPA especially the ones which are not free hold such as DDA flats/ CGHS flats.
You may also follow the link on our twitter account for further details on the topic.
DeleteAs mentioned earlier that even after the May 2013, Delhi High Court order striking down the internal circular of the Delhi government issued
Deletein April 2012, and the subsequent circular dated 22nd July 2013 issued by the Delhi Government, the Sub Registrar offices of Janak Puri and Rohni are still not registering GPAs pertaining to transfer of properties ( flats ) of Cooperative Housing Society Flats build on lease hold land.
We are aware of the Delhi High Court order of May 2013 and the following internal Delhi Government circular dated 22nd July 2013.
But our query to you is to know why even after 4 months of the May 2013 Delhi High Court Order, the Sub-Registrar Offices in Delhi are refusing to accept and register GPAs to transfer properties pertaining to Cooperative Housing Society Flats build on lease hold land.
We request you to please do a reality check and advice accordingly and provide us with a viable solution.
Thank you in anticipation.
Not sure why? May be things are still in chaos... Try to find out why they are refusing even when the order by Delhi Govt. has been withdrawn...
DeleteThe sub registrar offices are saying that the Delhi Government's internal circular dated 22nd July 2013 is not clear on registration of GPAs pertaining to transfer of property/flat of CGH society build on lease hold land. Hence they are only registering GPAs pertaining to free hold properties.
DeleteKindly advice what action we can take...
As we said things may still be in chaos, you have no option but to wait till things get clear...
DeleteOther option is to sell the property on GPA and get it registered later-on... That is safe only if you considerably trust the buyer...
Consumer Rights MissionSeptember 6, 2013 at 5:47 PM
ReplyDeleteIn May 2013, the Delhi High Court struck down an internal circular of the state government issued in April, 2012, which restricted property transactions through GPA providing clarifications on SC's Oct'2011 order.
Therefore, it is now possible to do property transactions on GPA especially the ones which are not free hold such as DDA flats/ CGHS flats
...........................................................
DEAR CONSUMER RIGHT MISSION AS U SAID it is now possible to do property transactions on GPA especially the ones which are not free hold such as DDA flats/ CGHS flats...BUT I AM NOT THE DDA FLAT ALLOTTEE I AM 3RD PARTY , BOUGHT FLAT ON REGISTERED GPA AFTER SC'S ORDER(OCT 11,2011)...CAN I SELL MY PROPERTY.OR CAN I APPLY FOR FOR FREEHOLD PROCESS ...THANK U .. UR OFFICE ADDRESS PLZ...
Does not matter even if you are not the original allottee... Yes you can sell your property either on GPA or can get it freehold from DDA first and then execute the sale-deed...
DeleteWe are an online forum and do not have any real office address...
NO DEAR CONSUMER ITS NOT HAPPENING EVEN AFTER HIGH COURT'S ORDER...DDA HAS REFUSED SAYING UR GPA REGISTATION DATE IS AFTER OCT 2011, SO WON'T ACCEPT UR FREEHOLD APPLICATION AND SUB REGISTRAR OFFICE IS ALSO SAYING THIS..WHAT WILL HAPPEN ....OCT 2001 TO 27 APRIL 2012 WHY DELHI GOVT WAS OPEN FOR GPA OF LEASEHOLD PROPERTIES. BIG QUESTION...
DeleteThings will sort out for sure but is just a matter of time...
DeleteRefusals are sometimes tactics to extort money or it could be that things are in chaos for real...
Dear Sir,
ReplyDeleteMy parents purchased a property in Noida in he year 1994 under GPA and agreement to sell and will. All these are in the name of my mother and is registered in the same year with the registrar. There is an SPA also which is in the name of my late father.
The GPA was done by the seller who also held a GPA in his name. So my mother is a second GPA holder ie: Original allottee transferred to second person through GPA who sold under GPA to my mother . As for present situation Noida authority doesn't do any transfer for 2nd GPA.
I have 2 questions:
1) How do I register/transfer the property in my mothers name as the seller is not available. When I register do I have to pay the registration and transfer charges at present rate.
2) As per the new ruling of supreme court is the GPA held by my mother safe.
Thanks
1) Get registry in your mother's name based on the GPA she already holds. After that Noida Authority should not have any problem transferring property in her name but please double check with them. Yes you will have to pay registration and transfer charges as per the present prevailing rates.
Delete2) Yes, GPA in your mother's name is safe.
Dear Sir,
Deletethank you so much for the above reply. I really appreciate the way you are helping
My question is how can I get the registry in my mothers name. Registry can only be done once transfer is approved by Noida Authority and NA doesn't issue a TM for 2nd GP. The GP is already registered.
Another question god forbids anything happens to my mother before the transfer is registered, what precautions should I take to become safe.
You need to check with Noida Authority about it as they can only give clear directions to you that are acceptable to them.
DeleteWe suggest that you get registry in your or someone else's name as you may deem fit as it seems that your mother is not keeping well.
dear sir
Deletemy Friend's father had brought an industrial plot with noida authority jointly with his brother''s wife.The brother's wife gave GPA to her brother in law (friend's father) who had sold the property to third party 35 years ago but the same had not been registered in favor of that party.The third party is no more .The title stands in favour of friend's father and his brother's wife.To whom does property belongs legally?The legal heir's of the third party are insisting on transfer deed to be executed by friend's father.But friend's father insists he has already given a sum of money for registration of the property but the same was not used for registration.Is he eligible for any compensation for that amount?Is it safe to again transfer the title in favor of legal heirs.Ur prompt reply expected.
dear sir
Deletemy Friend's father had brought an industrial plot with noida authority jointly with his brother''s wife.The brother's wife gave GPA to her brother in law (friend's father) who had sold the property to third party 35 years ago but the same had not been registered in favor of that party.The third party is no more .The title stands in favour of friend's father and his brother's wife.To whom does property belongs legally?The legal heir's of the third party are insisting on transfer deed to be executed by friend's father.But friend's father insists he has already given a sum of money for registration of the property but the same was not used for registration.Is he eligible for any compensation for that amount?Is it safe to again transfer the title in favor of legal heirs.Ur prompt reply expected.
Hi,
ReplyDeleteIn year 2000, my father purchased a property in shyam vihar Najafgarh from a property agent under GPA and agreement to sell and will. But the GPA is still not registered with the sub registrar office.
Please advise what can be done to get it registered after these many years.
Hi,
ReplyDeleteMy father purchased a plot in year 2000 from a property agent under GPA, agreement to sell and will. But the GPA is still not registered with the registrator.
Please advise what can be done to become the legal owner of the plot.
We suggest that you get sale-deed done in your name based on the GPA and other documents that you hold.
DeleteDear Mr. Sandeep
ReplyDeleteI had purchased a commercial property(floor of a SCO)in year2004 thru GPA in a group housing society at panchkula(haryana).Now I want to transfer the property registered in my name/or to my wife's name.I want to know:
1.what is the best and legal way to transfer/register the property on my or my wife's name?
2.Is it legal to get the transfer done in the societies record and then get the conveyance deed executed?
3.if not possible to register on our name then can I get it transfered/registered on my son's name.
Thanks
1. You can get the sale-deed done in your or your wife's name based on the GPA you hold... You need to approach your registrar office for the needful...
Delete2. Society should ideally transfer only after registry.
3. N/A
Dear Sandeep
DeleteThanks for your reply.I would like clarify that the GPA is on joint name of my wife and me.The dealer says that my GPA doesn'hv the word conveyance deed but mentions "And generally to do all other acts,deeds and things for the proper management,construction and to sell/transfer of the said SCO under their own signatures" Therefor I need to call the original owners which I want to avoid.Therefor he suggested for transfer in society first and then get the conveyance deed on my son's name.In this cas please advise what could be the implications of this.Also whether I need to deposite TDS @1% in case of conveyance deed instead of registered sale deed.
Regards
you can go ahead with transfer in society records if they are willing to do so based on GPA.
DeleteYour GPA looks good and it doesn't matter that the words conveyance deed are missing from it.
You can register sale-deed in your son's name if that is ok with you but there is no compulsion. You may as well do the registry in your or your wife's name either singly or jointly.
About TDS we suggest that you please take some expert opinion as we are not sure.
But the GPA is only notarized and not registered. Will it be eligible for sale deed?
ReplyDeleteAnd is it necessary for property agent (vendor) to be present in the registrar office for the sale deed?
It does not matter and the agent is not reqd at the registrar office...
DeleteBut i have read on the delhi government website that the vendor from which the property has been bought should be present at the time of GPA registration.
ReplyDeleteAnd as the our GPA is still not registered after these many years dont he is required to be present at the time of GPA registration at the sub registrar office
Yes, you are right if you are looking to register your GPA, the seller is reqd. but if you are looking to register sale-deed then the seller is not reqd.
DeleteDear Sir,
ReplyDeleteMy Name is Arunakar and The Builder is offering one Flat with covered area 900 sqft in Gurgaon.The Builder has received the GPA (registered) from Land owner and constructing a Building having 6 Flats. Now the Builder is proposing documents to furnish 1) Sale Agreement2) Full and Final Payment Agreement 3) Posession Letter of the Flat & 4) Will 5) Special Power of Attorney (SPA).
The Builder is ready the get the SPA registered in may name so that i can transfer the title of the said flat in the name of my wife. Is it practically possible, that after obtaining SPA registered i can get the title of the property transfered in the name of my wife at later stage. Current registration of the Property is banned in that Area, but like to open. Please suggest. Regadrs,
Yes, you should be able to transfer in your wife's name based on the SPA from the builder.
DeleteYou may also like to ask for the GPA from Land Owner from your builder.
Thanks a Lot Sir. I am Oblighed and appreciate the same.
DeleteI am dealing with a agriculture land, the land Lord wants to register GPA and he says registration can not be done now. what should I do? should I buy on GPA? what is the risk?
ReplyDeleteBuying property on GPA even if it is registered has its own risks...
DeleteThe entire article is about it, please go thru it carefully...
Dear Sir,
ReplyDeleteYour replies were really very good.
I have one small query as I have received the Registered SPA, NOC, Will , Agreement etc of a flat in Haryana, and currently due to Government policy the Registration is banned in that Particular Area.
Now i am planning to sale/Letout this property and planned to purchase in some approved area, where the registration will not be an issue.
Please let me now is it possible to Forward this SPA (Registered SPA) in the name of the Buyer to whom i am intented to sale , so that he can register the same later on as per his convenient. Here is sequence is as follows-
1) Owner of the Land provides the GPA to the Builder.
2) Owner gets two flats as compensation of land and sale the Remaing 8 Flats in a Building by giving registered SPA to every indivuiduals.
3) Here i am an individual and want to sale the same by furnishing /forwarding the same same to other Buyer. In this case wheather SPA to SPA is possible ???
Yes, you can sell your property by executing a SPA in favour of the buyer but the only thing is that you may not get the best price for your property.
DeleteThank you Sir. Your Answers are really worthy!!! Regards..ARUN
DeleteDear Sir,
ReplyDeleteIs ' The Delhi Apartment Ownership Act, 1986' applicable to Cooperative Group Housing Societies in Delhi?
If it is applicable how can a owner of a flat in a cooperative group housing society, get the Deed of Apartment and get it registered.
Please advice...
Dear Sir,
ReplyDeleteIs ' The Delhi Apartment Ownership Act, 1986' applicable to Cooperative Group Housing Societies in Delhi?
If it is applicable how can a owner of a flat in a cooperative group housing society, get the Deed of Apartment and get it registered.
Please advice...
Hi, I have a query here... Original owner has made GPA to one person where she has made GPA again to her daughter and then she has registered the property to her son in law...is it allowed to register when she herself is in GPA because the original owner is no more now... But it is registered by the GPA holder only...
ReplyDeleteYes, it is permissible and ok...
DeleteHi,
DeleteYou have not replied to the previous query regarding ' The Delhi Apartment Ownership Act, 1986' and its applicability to Cooperative Group Housing Societies in Delhi'.
Kindly do so as, GPAs pertaining to Cooperative Group Housing Societies in Delhi are still not being registered in Delhi by the sub registrar offices, and people owning flats in Cooperative Group Housing Societies in Delhi are not being able to sell their flats, even after the May 2013, the Delhi High Court order striking down the internal circular of the state government issued in April, 2012, which restricted property transactions through GPA providing clarifications on Supreme Court's Oct'2011 order.
Please look into the matter & reply at the earliest.
Regards,
Registrations should ideally be allowed now after the delhi govt. notification but there have been such complaints of denial by the registrar's office as it seems that things are still in chaos... Wait for some more clarity to creep in...
DeleteI have purchased a flat in the year 2003, on resale on Registered G.P.A /WILL etc, in Central govt employees welfare housing organisation (CGEWHO) newdelhi.The housing society is based in Gurgaon.
ReplyDeleteIn the year 2003, registration of the flat was not possible, since the title of the land , on which housing society has come up, was not transfered in the name of society, due to certain defeciences. Now lately in the year 2011, registration is allowed.
Now we are told ,by the society, to get the origional allottee of the flat , personally, to execute CONVEYANCE DEED. Now almost ten years have elapsed , the origional allottee , refuses to come to do the necessary paper-work, since he has already taken full and final payment.The housing society does not ,entertain our claim , for executiving Conveyance deed, though , we have been clearly , authorised in LEGAL REGISTERED G.P.A , to sign any papers ,for registeration etc
What are the options available to us , under these circumstances. Kindly advise us.
In the year 2003, i purchased a flat , from the origional allottee of the "CENTRAL GOVERNMENT EMPLOYEES WELFARE HOUSING ORGANISATION ( CGEWHO) NEW DELHI,on G.P.A /WILL ETC.
ReplyDeleteAt the time of purchase of this flat , which is located in Kendriya vihar , sector 56, Gurgaon , no registration was done , in view of the defeciency,in the title of the land ,in the name of the Housing society, that time.
All transactions ,involving sale/purchase of the flats was done by G.PA,/ WILL /etc. only., Consequently i also purchased the flat on G.P.A /WILL etc.
There was no underlying motive ,of evading payment, of stamp duty or registration charges but no registration of the papers was done in favour of any individual ,including original allottes.
Now recently , the title of the land has been transfered in the name of the society by HUDA Gurgaon, and people have started registering their flats after paying the balance amounts of conveyance deeds etc .
Naturally , we also tried our best , to get the papers ratified ,by the housing society,leading to completion of documents .
But we were given to understand that the origional allottee , has to be present personally, to execute the papers,even conveyence deed with the society.
All our efforts , to establish contact with original allottee, have failed .In some cases they were not traceable , but in most of the cases they did not turn -up, in view of their old age or ailing health conditions., especially when they had already received their money ,a decade ago.
Now they feel, they are under no obligation ,to turn up ,for signing registration /conveyance deeds.
The housing society, does not entertain our claim of executing , conveyence deed , on the plea , the origional allottee , has to be present personally, despite the flat the same ,has been sold , ten years ago, after paying full and final payment , through REGISTERED GENERAL POWER OF ATTORNEY AND WILL .
Though we have been authorised by the origional allottee , through registered instrument of G.P.A , to sign any papers , including registration of the flat etc , yet they are insisting , for personal appearance of the origional allottee.
Under these circumstances , Kindly advise us what the options are available for us , to deal with the situation.
I shall be looking forward to , hear from you , with your expert and valued advise .
Thanking you
Original allottee is not required for execution of CD if you have a registered GPA/WILL docs.
DeleteDon't know why they are insisting but these could be dirty tactics to extort money.
Sir, if a GPA is made on 300 syds and original land is only 150 syds and there is no other land other than 150 syds and 300 syds does not exists on the owner's name and only 150 syds exists, is the same GPA applicable for 150 syds. Kindly provider your suggestions.
ReplyDeleteThanking you,
Sanjay Kumar.
This can be tricky but we believe that the same should be applicable to the original 150sqyds plot.
DeleteHi
ReplyDeleteSir, My father had bought a house in 2000 from a X who in turn had taken it from Y who had a GPA from the original owner,but now another Z is taking claim of the house saying that it got registerd to them in 89 before it could register to us.We are staying in this house for last 13 years
ReplyDeletePlease suggest
That is precisely the risk of holding the property on GPA and not on registry.
DeleteGood that you have the physical possession for the last 13 years. That strengthens your case in case of any legal eventuality.
Hi, I am planning a property with the following details:
ReplyDelete1. Property is developed by AFNHB (jalvayu vihar).
2. Alloted to Mr. X
3. Mr. Y whis is Mr. X's brother taken the psession through GPA from his brother as the original alloty left for abroad.
4. Mr. Y only got the property registered through another GPA recently.
5. Now I am dealing with Mr. Y
6. Mr. Y told me that his brother (Mr. X) sent him another GPA prepared at Mr. X's present country also.
Please tell me .... what all I need to take care in this case.
Thanks & Regards
The picture is not entirely clear, however if Y holds a proper GPA from X who is the owner than you can deal with him legally.
DeleteCan a registered GPA(General Power of Attorney) be transferred to someone and use for selling properties/ agreements in Karnataka ?
ReplyDeleteSay, A and B are brothers :-
(Property Owner) ----Registered GPA----> (A) ------Notary GPA---->(B) ------Sale Deed/Agreement ? ----->(Purchaser)
- Property owner executes Registered GPA to A in 2010.
- A executes Notary GPA to B for same property in 2011.
- Finally B wish to execute Sale Agreement/Deed in favor of Purchaser. Is this valid in legal terms ?
This is tricky... You should carefully check the terms of GPA and seek proper legal advice before getting into a transaction.
ReplyDeletehi,
ReplyDeleteafter the death of my father he tranfer his will (which is basically a power of attornny) to me in the presence of sub registrar and two witness. now my brother's wife and her son want to challenged that property. Is it legal to registration of that property on my name?????????? plz give some advice???
my father bought a house 20 yr ago which was a power of attorny and before his death he gives his will on my name in the presence of sub registrar and two witnesses. now it is legal to registration of that property on my name so that no one can claim on that???
ReplyDeleteThe details provided by you are not enough for us to provide you with any considerable advice and we suggest you to kindly consult a good property lawyer.
DeleteHi sir/mam,
ReplyDeleteQ: my father has registered gpa in 2000 from x. Now x died(x and his wife both died) now x sons are saying tat is not valid with out them(they entered in revenue record) .....we paid ful amount money to x we hav only reg gpa ...now x sons are demanding more money to make it gpa to sale deed ..
1.what can we do now to get land ????
2. Can my father sale that land with reg gpa?????
You should immediately do a sale deed based on your registered GPA to secure property.
DeleteYes, your father can sell on registered GPA.
Dear Sir/ Madam,
ReplyDeleteMy father had purchased a property in 2002 through GPA in South Delhi. The GPA and SPA are registered. However, the ATS is notarised only (and not registered) The conveyance deed is registered through a POA in 2004.
Now, we wish to get the house registered. Kindly answer the following queries:
1) Is it possible to get it registered through the earlier sale price of 2002 or do we need to pay the stamp duty as per the current circle rate ?
2) Is a gift deed possible ?
Looking forward for your response.
Thanks and Regards,
1) Registration will be as per the current circle rate.
Delete2) As a safeguard, we suggest that you get it registered in the name of the person to whom you want to gift the property. Registration of property not only safeguards the property but also enhances its value and pays in the long run.
Thanks for your response.
ReplyDeleteHowever, the GPA and SPA have no clause mentioned for Gift deed. Is a gift deed still possible ?
Secondly, if we get the property registered through sale agreement, the lawyer is demanding extra money in the tune of 1 to 1.5 lacs (over and above the stamp duty) for the registration. Is it valid or is he fleecing us ??
Looking forward for your response.
Thanks and Regards,
Lawyer fees appears to be on higher side but ofcourse varies from lawyer to lawyer and depends on the value of property in question but you can check with other lawyers before zeroing on anyone.
DeleteWe are not too sure about Gift deed so leave it to your own discretion.
My sister wants to buy a property in bangalore and she lives in abroad. So she wants to give the GPA on my name to do all necessary transactions as I am living in bangalore. The registered GPA is not possible now because she has to be available in person. Is it fine that she will execute the notarized GPA for me and I will do all necessary signatures on the sale deed on behalf of my sister? We want the sale deed registered and property khata should come on my sisters name. Please suggest.
ReplyDeleteLooking forward for your response.
Thank you.
As per law GPA registration is not must so you are fine...
DeleteDear All,
ReplyDeleteI have a major dilemma- I have bought a DDA flat on GPA but did not do a Sale agreement as it was family. Now I wish to convert from leasehold to freehold. According to the new ruling GPA holders before 2011 can do the conversion in their name. However all the documents require a sale agreement( which I do not have) how do I resolve this issue. I am non resident and it all seems a bit daunting. Any help will be most appreciated.
In May 2013, the Delhi High Court struck down an internal circular of the state government issued in April, 2012, which restricted property transactions through GPA providing clarifications on SC's Oct'2011 order.
DeleteTherefore, you should be able to convert your flat to freehold based on the GPA in your name.
Dear Consumer,
ReplyDeleteMy younger brother give gift deed of one acre land to my elder sister through GPA from my mother. So, as an elder brother can I put case or can we get that land to my mothers name. As he registered that land through GPA but as per SC act GPA holder no rights to sell. Now land is on my sisters name and it wad registered on may 2012.
Please help us..waiting for your response
In May 2013, the Delhi High Court struck down an internal circular of the state government issued in April, 2012, which restricted property transactions through GPA providing clarifications on SC's Oct'2011 order.
DeleteFrom that perspective the transaction is legal...
Dear Sir,
ReplyDeleteMy younger brother transfered 1acre land to my elder sisters name through GPA of my mother as we have lost our father so that land belongs to my mother.Now can my mother get that land or should I put a case as I am elder son I didnt get any land.As per SC act GPA holder cannot sell or transfer.I want that land to be in my mothers name so we can divide the land.
Please advice what should I do.
Waiting for your quick response sir, may god gives you huge regards.
You can always file a legal suit if your mother is on your side...
DeleteThanks for your reply sir, mother and my younger brother both are on my side.So, shall We put a case on that land. What you think who will win that case. And how much time it requires.
DeleteThanks alot sir.
As you know legal battles are long drawn and your chances of winning the case depends on how your legal counsel prepares your case which can only be done after careful scrutiny of legal documents.
DeleteWe suggest that you seek professional help and weigh all pros and cons before you file a legal suit. Ask relevant questions and apply your mind when in discussion with your legal counsel.
Hi,
ReplyDeleteI am purchasing a society flat in Vasundhra Enclave, New Delhi.
Seller is in USA and he is issuing Special Power of Attorney to their parents to sell the property.
I would like to know if the special power of attorney can be considered as legal document from seller and can be considered as a reliable document for buying the property in Delhi. Current owner is ready to provide NOC from the society
Does it need to be registered with Delhi Development Authority and then get the Property registration on my name with DDA after paying the registration charges?
Since I am reading so many blogs and I am confused so would like to know if it is really safe to buy the property hassle free as later I don’t want to have any problem related to this. I look forward for your guidance.
Regards,
It is ok to buy property on SPA but do verify the ownership documents... Do the sale deed... DDA has nothing to do if the property is already freehold...
DeleteSir I am planning to buy a property in Khirki Extension (unauthorised area) New Delhi. As per owner it will be on GPA and as i know [as per Delhi rule] this GPA cannot be registered. Current owner has purchased this property from builder 10 years back. Can you suggest how to proceed in this transaction. Should I take the help of the professional expert? Can his GPA be registered somewhere else and what will be the sanctity of this registration.
ReplyDeleteAnything that is unauthorised has no legal sanctity even if the GPA is registered... Such transactions are always risky and it is always advisable to seek professional help... It is must to verify the entire chain of transactions related to that property...
DeleteHi,
ReplyDeleteI want to buy a property in DDA Flat Garhi, B Block, Slum Quarters, East of Kailash. The current owner is having a GPA done through the Notary. While going through the documents I found that the chain of sales is incomplete. GPA given to the first party by the original allottee is missing. However after that this flat has been sold three times and the current buyer is having all these GPA's. Is it safe to buy this property. What is the risk involved in this property. Currently I am residing in this flat since 5 years on rent.
Thanks
What if one fine day the original allottee wakes-up and stakes his claim on the property. That is the risk. Moreover property transactions on GPA in itself are haunted with risks. This article is all about that.
DeleteIf you decide to purchase this property make sure to get the sale-deed done.
Dear Sir,
DeleteThank you for your response!
Can I get this property registered on my name instead of going for a GPA. Is this possible on this property and will it remove the risk stated by you.
Thanks in advance
yes you can do the registry in your name and this will help you to mitigate the risk... Best...
DeleteDear Sir,
ReplyDeleteThanks for your so quick response!
Is there any way in this case, where the complete risk can be removed. I want to own this house with full rights and no risk.
Request you to please suggest me on this as I am very much interested to buy this property.
Thanks
Sale-deed is the way to go which will eliminate most of the risk. Mind you no transaction is absolutely risk free. Best...
DeleteDear sir,
ReplyDeleteWe had purchased a property from a direct owner. We have registered the property on our name. but we came to know that one day prior to our registration the daughter of the owner holding GPA have registered a gift deed on her self. We would want to know that is it possible that a GPA holder can register a gift deed on her self with out the owner signing the gift deed.
Yes, that is what GPA is all about. GPA holder can act in all respects as the owner would depending on the terms of GPA of course.
DeleteThank you for your prompt reply sir. But i have something to say u.
ReplyDeletesir when we went to the sub registrar office to register the property we had no idea about the gift deed or the GPA. Nor the transaction was seen in the EC , one day after the registration.
Well such acts are deliberate to create dispute on the property and are open to legal scrutiny. You must seek proper legal help in case of any contention.
Deletesir by law do we have any chance of getting the property or the money we have paid.
DeleteYou are legally the owner as you hold the sale-deed in your name and you can sell it in the market. Do it if you really doubt the intentions of the original owner. That is the only way you can recover your money.
DeleteThey may resort to legal help on coming to know of it so be also prepared for that.
I had purchased is piece of land in Jan 2013 in baprola village under GPA with all the previous papers of land. Please suggest how i can do sale deed to become tension free of any mishappening.
ReplyDeleteYou simply need to use your GPA which entitles you to act as a seller and you or your family member as a buyer and get the sale-deed done.
DeleteHi,
ReplyDeleteI am purchasing the property in bangalore. when I approached for loan in one of the public bank the advocate has rejected my file. The reason is the current owner who is having the sale deed is registered from GPA holder in the year of 1999.
The question is cam GPA holder execute the sale deed if first owner issued the affidavit on his name.
Thanks
Yes, of course GPA holder can execute the sale deed on behalf of the owner... Don't know why bank officials dis-approved your case... You should query them and they will explain you... They must have noticed some hanky-panky business... It is in your own interest... Best...
ReplyDeleteHi,
ReplyDeleteI am planing to buy a plot in an unauthorized colony in Delhi. Since sale deed is not allowed in this colony the transfer of property is done by GPA and Will. I need to know : -
1. Does registered GPA has any legal advantage over notarized GPA?
2. Is there any risk by going with notarized GPA than registered GPA?
3. In future, if Govt. regularizes this colony will I be able to register this property on my name by using notarized GPA?
Kindly reply soon.
Hi,
ReplyDeleteI have planned to buy a plot in an unauthorized colony in Delhi. Since sale deed is not allowed the transfer of property is done by GPA and Will. I do not want to register GPA as it is very costly.
Please guide me : -
1. Does register GPA has any legal advantage over Notarized GPA?
2. What are the risks if I go with notarized GPA and not with registered one?
3. Will I able to register this plot on my name if in future Govt regulaize this colony by using notarized GPA?
Kindly reply soo.
Please read this article carefully as that will answer all your doubts.
DeleteWe suggest that you at least register the GPA which is little safeguard in such transactions.
Yes you can register plot using your GPA either notarized or registered as and when the colony is regularized and the registry is allowed.
Hi,
ReplyDeleteI am looking at buying a ready flat in Gurgaon. The joint owners of the flat (husband and wife) reside in Dubai and they have executed a GPA in 2005 granting the wife's father (who resides in Delhi) authority to execute a property sale transaction.
Can you please help me with the following answers:
1. Is there any validity period for a GPA, i.e. will a 2005 GPA remain valid in 2013?
2. Can the GPA holder (father) execute the sale agreement and sale deed on behalf of the property owner?
3. If the answer to (2) is no, then what safeguards do you suggest / how can I execute this transaction without having the Dubai couple physically visit India to close the transaction?
Kind regards,
S
1. There is no validity period.
Delete2. Yes. Please check the clauses of GPA to confirm.
dear sir
Deletemy Friend's father had brought an industrial plot with noida authority jointly with his brother''s wife.The brother's wife gave GPA to her brother in law (friend's father) who had sold the property to third party 35 years ago but the same had not been registered in favor of that party.The third party is no more .The title stands in favour of friend's father and his brother's wife.To whom does property belongs legally?The legal heir's of the third party are insisting on transfer deed to be executed by friend's father.But friend's father insists he has already given a sum of money for registration of the property but the same was not used for registration.Is he eligible for any compensation for that amount?Is it safe to again transfer the title in favor of legal heirs.Ur prompt reply expected.
The property belongs to legal heirs as it has already been sold.
DeleteThe registration charges are normally borne by the buyer...
Hi Sir,
ReplyDeleteMy brother is in UK and he had purchased a property (agriculture land with the help of my father)in 2010 and had registered the sale deed through my father by issuing him a GPA. The execution of the sale deed is done by my father and family is involved (including my father money) to execute that deed, now my brother (the sale deed is in his name) want to sell the land and even my father may/want to support him. If my father support my brother, can they sell the land? Or in case, if my father do not support my brother who is in UK, then will I be able to get share, please help me to get out of this mess as my bred and butter is that only.
Thanks in advance.
Since your brother is the owner, not sure how you think you are entitled to a share in that property. If your father helped him with his money it is his sweet will and he is free to do whatever he wants.
DeleteEven if your father doesn't support your brother, he is free to sell his land until you are willing to wedge a legal battle...
Thank you Sir.
DeleteOnly point I was thinking was that; as HUF money was involved in that transaction, so I thought to stop selling of the land till partitioning of all our land/properties happens. Like this, I have lost two more lands because of my father and my brother, they have sold my father self acquired properties without my consent. May be this time I may need to take legal battle against my father and brother...:(
Yes, if you can prove that HUF money is involved then you fight a legal battle to safeguard your interest...
DeleteDear Sir,
ReplyDeleteMy father purchased a property on registered GPA, ATS and Will in November 2011 because registration of sale deed was closed for the area at that time. We want to get it registered now but the builder is not traceable. My questions are:
1) Can my father legally execute a gift to my mother on the basis of the GPA? (The GPA has the clause that GPA holder can execute gift deed)
2) Will there be any problems in further sale of the property by my mother?
Thank you for your assistance
Yes. Better option is to execute sale-deed in favour of your mother which will help you to avoid any further sale of the property.
DeleteHi
ReplyDeleteHave plot in bangalore. And have given gpa to my relative. While selling this buyer insisted to have relative at the tome sale ded as well as initial registration. My relative is not available. And gpa missing. What can we do
You can execute another GPA revoking all previous GPA executed by you.
DeleteYes your relative is required at the time of sale-deed execution and registration as he is representing you as the seller.
Hi,
ReplyDeleteplanning to buy a property in India, i am in US. is it legal for my father-in-law to buy and get it registered in my name without GPA ?
Sorry, can you pls explain how someone can get the property registered in your name without proper authority.
DeleteFor registration either you have to be here in India or you need to execute GPA in the name of your father-in-law.
DeleteDear Sir,
ReplyDeleteA real mind opener and an excellent service to the commoners. I would be thankful if you kindly enlighten me on the following points.
1. I wish to purchase a plot their in Greater Noida Authority sector. Those plots were allocated by lucky draw and the possession has still not been given. So a broker suggested to go for a GPA+Will. What could be done for assurance for a possible safeguard? I mean I am afraid that the original owner (alloted) can sell it to other person also via another GPA. Since there has not been given the possession, it could not be transferred too. Is there any method by which I could be sure ? If yes then please advise.
Such transactions are always risky and for the brave-hearted.
DeleteThe possible safeguard is to go for registered GPA.
Dear Sir,
ReplyDeleteIm planning to buy an apartment in Bangalore & I'm in doubt whether to proceed or not. Here's the situation -
Person X buys the plot from a bank society in 1988.
Constructs a house covering only 50% of the plot.
In 2000, person X grants a notarized GPA (but NOT registered) to a builder & enter a JDA to build 3 apartments in remaining 50% portion of the plot
Builder sells the apartments to another person Y through registered sale deed in the year 2002
Person Y has clear title of the apartment in his name
Person X (original plot buyer) is no more
Now I'm planning to buy the apartment from person Y.
I'm worried because the GPA & JDA issued by person X to the builder was NOT registered in the year 2000.
Is it safe to proceed with this apt purchase from person Y ? Can someone from person X's family claim on the apartment ? Please advise.
Thanks
That is a very remote possibility that someone from X's family will stake any claim on the property but nothing can be ruled-out and this is the little risk that you may want to take.
DeleteThanks for your reply.
DeleteIf I'm going ahead with this purchase, is there anything that I can do to safeguard my interests ? May be an affidavit from person X' s family or an ad/notification in the newspaper ? Please advise.
An affidavit or No Objection or WILL should be ok.
DeleteSale deed dated 1989 between A & B
ReplyDeleteB and his sons given GPA to C
C GPA is not registered.
C sold to D sale deed dated 1993
D sold to E sale deed dated in 2004
E sold F sale deed dated 2006
F constructed house in 2008.
EC is available from 2004 to 2013
RTC in the year 1969 to 2013
Please suggest can we buy this property from F or not
Sale deed dated 1989 between A & B
ReplyDeleteB and his sons given GPA to C
C GPA is not registered.
C sold to D sale deed dated 1993
D sold to E sale deed dated in 2004
E sold F sale deed dated 2006
F constructed house in 2008.
EC is available from 2004 to 2013
RTC in the year 1969 to 2013
Please suggest can we buy this property from F or not
Please suggestment I am lot of tension. I have made sale agreement.
Your query is not clear to us so we are unable to comment.
DeleteBest.
I am planning to purchase a flat in Paryavaran Complex, Delhi, New Delhi.
ReplyDeleteIt is a builder flat purchased by XYZ who is further planning to sell it to me (It is on GPA as the area is not legal).
Please confirm what document is required b/w me and builder for this flat so that i could be on safer side.
I also heard that this area (Paryavaran Complex) is going to registered within 6-8 months and then we can do registry of this flat.
Please suggest on the same.
Since registry is not allowed yet, you will have to buy it from XYZ on GPA. Make sure that the GPA is registered. You may also insist for WILL etc from XYZ.
DeleteCarefully scrutinize documents between builder and XYZ.
Best
This comment has been removed by the author.
ReplyDeleteI have a site which was purchased in 2003. I purchased it from the owner(builder) but at the time of registration the GPA holder represented the owner.. Now sale deed is in my name khatha is also transferred in my name.. But i dont have any document of proof to know whether the Person represented the owner is the actual GPA holder or i must of lost that document. whether i get the document in sub register office?? is it required document at the time of sale?
ReplyDeleteYou may get it from sub-registrar office if the GPA is registered.
DeleteThe document set should be complete in all respects at the time of sale and to get good price for the property.
Thanks for the reply. If the GPA is not registered? what we should ( the next proceedings) at the time of sale?
DeleteYou need to contact the builder to provide you the copy of GPA...
DeleteI am planning to buy a flat in Bangalore, but seller is in Singapore. He got the power of Attorney form the Singapore embassy and he gave Power of Attorney to his own brother who is resident at Bangalore. Seller have all the original documents including sale deed and he told as that he given all original documents to his brother and we can collect it when the time of registration. I just want to know whether this is safe to buy the flat from his brother.
ReplyDeleteI am planning to buy a flat in Bangalore, our seller is in Singapore.
ReplyDeleteHe got the power of Attorney form the Singapore embassy and he gave Power of Attorney to his own brother who is resident at Bangalore. seller have all the original documents including sale deed and
he told as that he given all original documents to his brother and we can collect it when the time of registration.
Please suggest can we buy this property from his brother is safe or we need more documents.
pls reply we are expecting ur valuable comments. thank u
There is nothing wrong with dealing with the GPA holder but carefully authenticate the documents...
DeleteHi
ReplyDeleteI am planning to purchase the flat in Bangalore. The Land owner and Builder executed Development Agreement. This Development Agreement is registered in basavanagudi Bangalore. In this agreement, Land owner gave the permission to construct the flats and sharing of built area (50% to land owner and 50% to builder).
Once again both Land owner and Builder executed General power of attorney to apply for all kinds of certificates such as commencement, Occupancy , completion certificates etc., & also to get the approval from electricity supply, water supply and sanitary. In this, land owner gave the permission to the builder (GPA) to sell or otherwise to dispose of by way of gift, lease, mortgage. This GPA is also registered in basavanagudi Bangalore
.
Once again, both Land owner and Builder executed MOU for sharing of flats. In this, 8 flats for land owner & 8 flats for builder. In this, both Development Agreement & General power of attorney details are mentioned and executed on 200Rs Stamp paper and this document is not registered.
Now I am planning to purchase the flat which is of builder’s share. How safe in purchasing this???
Can GPA holder (Builder) can execute the Sale deed based on the registered document Development Agreement, General power of attorney & MOU for sharing of flats.
Hi
ReplyDeleteI am planning to purchase the flat in Bangalore. The Land owner and Builder executed Development Agreement. This Development Agreement is registered in basavanagudi Bangalore. In this agreement, Land owner gave the permission to construct the flats and sharing of built area (50% to land owner and 50% to builder).
Once again both Land owner and Builder executed General power of attorney to apply for all kinds of certificates such as commencement, Occupancy , completion certificates etc., & also to get the approval from electricity supply, water supply and sanitary. In this, land owner gave the permission to the builder (GPA) to sell or otherwise to dispose of by way of gift, lease, mortgage. This GPA is also registered in basavanagudi Bangalore.
Once again, both Land owner and Builder executed MOU for sharing of flats. In this, 8 flats for land owner & 8 flats for builder. In this, both Development Agreement & General power of attorney details are mentioned and executed on 200Rs Stamp paper and this document is not registered.
Now I am planning to purchase the flat which is of builder’s share. How safe in purchasing this???
Can GPA holder (Builder) can execute the Sale deed based on the registered document Development Agreement, General power of attorney & MOU for sharing of flats.
Hi
ReplyDeleteI am planning to purchase the flat in Bangalore. The Land owner and Builder executed Development Agreement. This Development Agreement is registered in basavanagudi Bangalore. In this agreement, Land owner gave the permission to construct the flats and sharing of built area (50% to land owner and 50% to builder).
Once again both Land owner and Builder executed General power of attorney to apply for all kinds of certificates such as commencement, Occupancy , completion certificates etc., & also to get the approval from electricity supply, water supply and sanitary. In this, land owner gave the permission to the builder (GPA) to sell or otherwise to dispose of by way of gift, lease, mortgage. This GPA is also registered in basavanagudi Bangalore.
Once again, both Land owner and Builder executed MOU for sharing of flats. In this, 8 flats for land owner & 8 flats for builder. In this, both Development Agreement & General power of attorney details are mentioned and executed on 200Rs Stamp paper and this document is not registered.
Now I am planning to purchase the flat which is of builder’s share. How safe in purchasing this???
Can GPA holder (Builder) can execute the Sale deed based on the registered document Development Agreement, General power of attorney & MOU for sharing of flats.
Yes, you can go ahead as this is a standard practice but do carefully scrutinize all documents... Best...
DeleteThanks for the reply. I have got few more questions.
Delete1.Is it possible to cancel the Registered GPA? If YES, then what going to happen for the flat that I had purchased with GPA owner?
2.Who will be responsible (Land owner or GPA owner) if the registered GPA get canceled? Because bank has sanctioned the load, and the sanctioned amount will go to the builder
3.Is it safe if GPA owner execute sale deed?
4.Do I need to take the consenting / conforming witness of the landlord for the sale deed?
5.Is it safe to have the signature of the landlord to the sale deed as a witness?
Sir,
ReplyDeleteI Father brought a property in Ghaziabad on GPA/SA/Will all three documents are registered . My father expired Now the original allotee is asking for money to sign registry . He is demanding out of my reach. Please advice what should I do.
Sir,
ReplyDeleteI Father brought a property in Ghaziabad on GPA/SA/Will all three documents are registered . My father expired Now the original allotee is asking for money to sign registry . He is demanding out of my reach. Please advice what should I do.
Pls seek proper legal advice to resolve this. This is always the risk with GPA.
DeleteBest...
My client want to purchase a one room set in gurgaon on GPA, what precaution he should take
ReplyDeletewhat is your suggestion wether he should buy or not because his money is very hard earned
_megni2000
Atleast make sure that the GPA is registered. If the registry is possible we suggest to go for it...
DeleteThat is 100% safe...
hi,
ReplyDeletemy mother has purchased a plot and she is been given only a GPA and know this is really worring me dear plz help me in adviceing the procdure how can I register this plot and where should I go to register my plot in bangalore plz help me...
Get the sale-deed done using the GPA in name of your mother. You need to approach your local registrar office in Bangalore.
DeleteHello Sir,
ReplyDeleteActually I'm planning to sell my shop. It's not registered but it is allocated on my name by nagar nigam. I met few agents and they told me that I can sell it by general Power of attorney. After that I read few articles on internet any found that I can sell it by following documents:
1) An agreement of sale.
2) An agreement of sale agreeing to sell the property with the separate affidavit.
3) An Irrevocable General Power of Attorney.
4) A Will bequeathing the property to the purchaser
On internet I read that if we register the General Power of attorney then the shop title which is currently on my name will also get transfer.
For confirming these things I went to court and met few lawyers. They told me that if I will sell it with this documents then the money which i will get from the buyer will be a black money (i.e I can't show that money to government.)
After that I went to nagar nigham and they told me that I can't sell that property as its on lease and I'm paying the premium every year.
After talking to everyone now I'm in great confusion. So I want you to please help me by giving your advice. Following are my doubts:
1) Can I sell my shop by general power of Attorney? (I want the title to be transferred to his name so that whatever he does with the property I should not be questioned. And currently I'm paying the premium, so after selling it I want that nagar nigham should ask the buyer fro the premium)
2) If I can sell the shop then the money that I'll get will be a white money or black money.
3) If the money that I will get is a white money then how much tax I have to pay to the government. (Means tx will be on capital gain or I have to calculate it by circle rate of that area)
Thanks in advance.
1. You should be able to sell it on GPA. Once you get the price for your property, you transfer all obligations related to that property to the new owner and it becomes his responsibility to pay all dues to avoid any penalties.
Delete2. It is by mutual agreement between buyer and seller.
3. You need to consult some tax consultant.
Hi,
ReplyDeleteI want to purchase a flat in South. i talk with a builder he give me two option. one on registery with bank loan facility and other on GPA. which is safe.?
This property is in Ghitorni. is ghitorni is authorised area?
we suggest you go for registry as that is the safest. Best...
DeleteHi
ReplyDeleteMy mother purchased a property in 2004 with GPA, SPA & Will all registered...and ATS notarized.....Now that she has expired, to my dismay i found that she had only these documents. She doesnt have the complete chain of documents...Only the registered GPA,SPA & Will by the seller in her name. There is no record that seller was the actual owner of that plot. I want to sell that plot now. What is the procedure I need to follow. I dont want to involve local property dealers as I dont have the chain of property. Can i get the chain from DDA or L&DO ? Can i get it freehold....Its a part of a property.. Whole plot was of 1000 sq yard...I have 350 sq yard.
This is slightly complicated case as your mother has expired. You need to seek proper legal advice...
DeleteHi
ReplyDeleteMy mother purchased a plot in 2001 through GPA,SPA,ATS & Will..... GPA & SPA are registered while ATS is notarized....The problem is that she doesnt have a chain of property documents....She only has the GPA,SPA,ATS & will....and no other documents/chain proving that seller was the actual owner of the land....she wants to sell the property but doesnt know what to do.....Since she doesnt have any chain , we cant go to local property dealers also for the same as we dont want that our valuable property gets in hands of mischievous people. Can we get the chain from DDA or L&DO ( i dont know whose jurisdiction it comes under) the original seller has died. What's the procedure we should follow to get the property sold....also, how to get it freehold? since someone told me that part of a property cant be freehold. Its a part (350 sy yard) of a bigger plot (1000 sq yard) ....Local dealers do say that GPA is not open till now although we heard that High Court allowed GPA again in May 2013.....How do we sell it.....Kindly help ....we are very confused...thanks in advance....
Go for registry immediately and then try to complete the chain from govt. records... Find out mutation process... After mutation you should be able to get it freehold... Best...
DeleteI am residing in my parental property. Which is on my grand mother name. Our all original documents is misplaced. Now i want to transfer this property on my mother name.
ReplyDeletePls advise what is the procedure.
Get certified copies from the registrar office as that is your only hope... Best...
DeleteI am the land owner .and I want to give my land to builder for residential and commercial project on the Joint Venture basis..
ReplyDeleteSo please tell me how I can proceed for getting more profitable agreement
I am Land owner .
ReplyDeleteI want to give my land to builder for residential and commercial projects on the Joint Venture basis.
So please suggest me how I can proceed for the same so that we can get more profit in this agreement.