• Property registration through GPA

Hello Sir,

My Father are three Brothers,
My uncle are made GPA to my father for industrial plot in 2006 on Rs.100 stem with notary,

Now he want to sell the Plot on the base of GPA, is it Possible to register the port on the name of party on GPA ?
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

1) it is mandatory to regsiter GPA

2) on basis of notarised GPA your father cannot sell plot standing in name of uncle

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

for selling your uncle share it is advisable he signs the sale deed

2) in the alternative he can execute registered special power of attorney in favour of father to sell the property

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

The Supreme Court has passed an order which says that property can not be transferred by means of a GPA, you will have to go the registrar office to confirm the same as the judgement has also provided some relaxation. It is therefore suggested to go personally to the sub-registrar office of your locality and confirm the same>

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No he cannot sell the property on the basis of the unregistered GPA because the Supreme Court in a ruling in 2011 has held that unregistered GPA is invalid for execution of sale deed.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, Through GPA you can sell the property, provided in the GPA there must be sale clause. If the sale clause is there your father can sell the same.

2. In the Sale Deed your uncle name will be come on first and he is represented by his power of attorney holder on the basis of that he can sold the same.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Now he want to sell the Plot on the base of GPA, is it Possible to register the port on the name of party on GPA ?

The deed for any transaction with regard to immovable property has to be done through a registered document alone.

The POA deed is an unregistered document hence get it executed afresh and get it registered.

If the GPA deed was a registered document then he can sell the property but whereas the same is a notarised document hence it will not be possible.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

My father name is also in the property

It is a jointly owned property

If at all there is a dispute on this, your father can institute a partition suit.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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