GPA to GPA before verdict October 2011
I bought a home plot on GPA from a party (vardhan - who got this property through GPA from parent land owner Raguram) in 1991(i.e;before S.C.order of 2011).since from 1991 iam living in that plot with home(having family card, EB connection,home tax) but the property were not yet made registered.Is it possible for me to register the home plot on me or on my family members .Now the first actual land owner(Raguram) threatning me to leave the place.kindly advice me what i have to do ?
Asked in Property Law from Bengaluru, Karnataka
I had filed a case in court against the actual land owner who demolished some part my house and the case is in progress, so is it will be well valid if i withdraw the case and register the plot on my name or on my family members.
Kindly guide me regarding this matter sir
Asked 2 years ago
1) Raguram had given GPA to some party . was GPA registered?please clarify
2) GPA cannot further execute power of attorney in favour of third party unless there is specific provision in power of attorney authorising him to do so .
3) you have purchased home plot from third party .
4) sale deed is not registered in your name .
5)in order to conger clear and marketable title to property sale deed should be registered in your name .
6)if ragram has not revoked POA have sale deed registered in your name . attorney holder can execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor.
7) the Supreme Court observed that a transfer of immovable property by way of sale can be effected only by a deed of conveyance. In the absence of a deed of conveyance (which must be duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred.
1) have you been granted stay by courtin suit filed by you against original land owner ?
2) get sale deed executed in your favour by GPA holder .
3) inform the court regarding execution of sale deed by GPA holder
4) consult a local lawyer before with drawal of the case
1. You are silent on the nature of the deed whereby you purchased the land.
2. If the same was registered deed of sale then you have nothing to worry. In 1991 transfer of immoveable protrynthrough unregistered GPA was valid.
3. Do not withdraw the suit and continue it till the very last unless out of court settlement happens.
1. The GPAs are required to be seen for advising properly,
2. Were those GPAs irrevocable and registered?
3. Try to get the the sale deed executed and registered by the 2nd GPA holder,
4. If fail, file a declaratory suit praying for declaration that you are the absoloue owner of the property with a direction upon the Registrar to register your sale deed.
1. What case have you filed against the original owner? What is the relief you sought in the said case?
2. Deed of Conveyance without Registration by paying stamp duty has no value,
3. You try to get the said plot registered at the earliest before the said land owner birngs a stay order restraining the Registrar to register your said plot,
4. It should not have any connection with your case.
1. The facts which emerge from your query are that the original owner Raghuram had given GPA to Vardhan who further executed a GPA in your favour. The moot question which arises here is whther GPA has been registered.
2. What is the power conferred through GPA by Raghuram to Vardhan? Does the GPA made by Raghuram authorize Vardhan to execute a GPA in favour of a third party? GPA holder cannot create third party rights unless specifically authorized by GPA to do so.
3. It has also emerged from your query that you do not have the sale deed registered in your favour. If this be so, you are not the lawful owner of the property. The title would pass to you only after the sale deed is registered in your favour.
4. You must get the sale deed executed in your favour by the GPA holder i.e Vardhan who can in exercise of the power conferred on him execute the deed of conveyance in your favour, thereby transferring the title to you.
1. What is the nature of case you have filed against the original owner? Has the court passed any order till now?
2. Do not withdraw the case. The weak link in your case is that you do not possess a valid title to the property, in the absence of which it may be difficult for you to convince the court to rule in your favour.
3. To stand on your legs in the court you should try to get the sale deed registered in your favour. You may file a case against the GPA holder seeking court's directions to him to transfer the title to you.