Hello The promoter of a plot / land development did not disclose that the plot I was interested in was a secondary sale or resale during initial discussions. When the sale deed was shared, I noted that the transaction was done via GPA (promoter exercising GPA on behalf of original plot owner). Also I bought the plot via SPA. Now what options do I have ? And what precautions should I take now to ensure all documentations are proper? Thanks
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Get proper checking done of the property for clean title and litigation free hassle by a local advocate. this is imperative.
Next you may also pull back and seek your initial pay refunded by alleging misrepresentation. However this will be time consuming and will involve some litigation cost.
You may complete the deal, take possession of the property and then initiate a consumer complaint seeking damages.
The principle of buyer beware operates against you. At the time of purchasing the property the prospective purchaser is under a duty to ascertain that the title of the property is free and marketable and also all other facts that may be relevant to his decision making. From what you have mentioned, no case of fraud is made out as will vitiate the title. If the promoter held a registered GPA on behalf of the original owner he was competent to execute the sale deed in your favour. Get all documents vetted by a lawyer.
1. The GPA and the Development agreement if registered on payment of requisite stamp duty then there is no problem at least on this count.
2. Do note that no proper advice on title of a property can be given without checking the relevant deeds of a proeprty.
3. Hence I would advise you to show all the papers to a lawyer and then proceed to buy the same on his advice.
4.if any doubt arises then we may advise further.
5. However a typical checklist is provided below-
Title Deed (in the name of the seller)
Prior Title Deeds (of last 15 years)
Latest Tax Receipts (land and building if any)
Updated Encumbrance Certificate (covering last 15 years)
Approved Plan
Building permit / Notice Of Commencement (from corporation, municipality or panchayat, if you are purchasing a house / apartment)
These are the basic documents required for checking the legal entanglements pertaining to the land. After going through the documents, if there are any complications, the advocate may call for additional documents if any clarifications required.
1) consult a local lawyer
2) take 30 years title search
3) obtain certifcate from lawyer that title is clear and marketable
4) then only purchase the plot by regsitered sale deed
Hi, It is better you have to get a legal opinion from the advocate and proceed further in the above matter and it is very difficult to give any opinion without verifying the documents.
1. Registration of sale deed by the developer being empowered by registered GPA is absolutely valid.
2. So, when the developer again resold the said plot being empowered by a registered SPA executed by the first owner of the plot, the said registered sale deed is valid in the eyes of law.
If you found that this was a second sales and you are not the first owner, you must ensure that there was a proper sale deed in favor of the vendor now selling the property to you through a GPA.
You should take a legal opinion from a local advocate before finalising the property sale deal or else you may likely to suffer any problem that is not visible now.
No opinion can be given from this end without seeing the property documents.
Thanks for all the suggestions. Are there any local lawyers from Hyderabad on this platform who can help with reviewing all the documents?
Number of lawyers on this website from Hyderabad contact any of them
1. You can check the profiles of all the Advocates listed in this portal.
2. You can google search or visit your local registration office and Court to select your lawyer.