• GPA and lease deed for property

A property has a  regular GPA and  regular lease deed made in same day around 15 years a ago by oversight by farther and their 2 sons (no wife, no daughter, no children for 1st son, 1 son for the 2nd). 
Both deeds are in favour of same person, now the person has executed the GPA and sold the property.
During the this period the father has been expired but as per our  lawyer advice GPA will be in force because 2 son also give the GPA including the father. We have the ratification deed singed by 2 son for execution of GPA (notary only)

1) Now the question is whether the present owner has a problem or not?
2) Should he go for cancellation of  year lease deed since it is reflating in ec.

Please suggest me what to do.
Asked 2 years ago in Property Law from Mandya, Karnataka
1. If all the legal heirs of the father has signed the deed then there is no prob;em.
2. If deed of sale is there, no need for deed of lease.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) your query is not clear .who is the owner of property ? you have said father and 2 sons have executed GPA and lease deed .. if as per EC wife is reflected as true owner on her demise property would be inherited by the husband and 2 sons . .. i presume that deceased mother did not have any daughters as legal heirs . 

2) if there are no other legal heirs then lease deed could have been executed by father and 2 sons. whether any legal heir certificate was obtained . why was mutation not made in name of father and 2sons 

3) if GPA is coupled with consideration it would continue to bind the 2 sons 

4) the documents mentioned by you have to be perused to advice .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. It is unclear from your query as to who is the original owner of the property. As per the facts furnished by you, wife's name is reflected as the owner of the property. 

2. If on the date of demise of wife she had not made a will then the property devolved on her husband and two sons who should have got it mutated in their name immediately. The buyer also seems to have failed to carry out legal due diligence before purchasing the property in as much as he purchased it in spite  of the fact that mutation had not yet place.

3. The buyer may as a matter of legal prudence file a lawsuit for validating his ownership to the property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Who was the owner of the property? The father or all three?

2. Since the father exipred before utilising the said GPA, the father expired, the said GPA became invalid hence the said sale conducted by virctue of the said invalid GPA also has become invalid,

3. Get the ratification deed executed by the sons registered,

4. Since the property has been sold, get the lease deed cancelled to clear the legal mess.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Hi, as per your narration GPA was executed by 3 person including father and two sons and it was registered GPA and in the mean time father was died and in the circumstance GPA has no validity as the GPA died along with person and it can't be valid in part so entire GPA is not valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1)if X has sold the property to Y through registered sale deed Y is absolute owner of property. 

2) once sale deed is executed X has no right , title interest in property . 

3) sale  deed executed by X cannot be cancelled . the problem with your query is on one hand you say X sold the property to Y . in the next para you say  can X cancel the lease deed . 

4) documents cited by you need to perused . consult a local lawyer .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
Hi, GPA is not valid, as already informed you at the time of  executing the sale deed executed by X to the  Y then A has died and GPA dies along with the person and even though A, B and C has executed the GPA once A died and it can't be valid and EC entry is there you can't cancel as it shows the transaction and  X can't cancel the lease in favour Y as he has not owner of the property and further notarized rectification executed by the B and C is not valid it is valid only if it is registered.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Y is the absolute owner of the property if X executed the sale deed in his favour. On the transfer of ownership to Y, X ceased to have any right in the property, so he cannot unilaterally cancel the sale deed.

2. The nexus between sale deed and lease deed is incomprehensible. The documents need to be perused threadbare. so consult a local lawyer.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
expose your question with exact situation better contact lawyer nearby.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. You said that the property belonged to A. If so, then why did B & C also executed the GPA? They are not legally concerned with the said property during the lifetime of A,

2. Next important point is that you are not making it clear whether  A expired before X sold the property to Yo or not. you  are saying "now X sold the property to Y (trough GPA) ( during this period father is dead.)". This "during the period" is confusing. Has A expired before X registered the sale deed to Y? If yes, then the said sale is invalid since the GPA became invalid after the expiry of A,

3. If A expired after the sale deed was registered by X in favour of Y then the said sale is perfectly valid,

4. If the sale is valid & the EC is reflecting the lease entry then cancel the said lease agreement & get the sale deed recorded therein.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
once sale deed executed in favour of buyer and buyer has been in possession over the property then GPA, which was executed prior to the sale deed has no effect. in your case GPA was signed by legal heirs which were alive on the date of execution. You have no issue regarding possession and ownership. sale is authorized process in T P Act and it shall prevail over GPA because GPA is unauthorised process for transfer of right, in GPA stamp duty is far below than sale therefore govt. bear loss in transfer of right and also court recognized sale deed against GPA.
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
4.9 on 5.0

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