1. If the original owner is alive then the owner herself/himself can execute a registered sale deed, but if the original owner is no more and had executed a will (unregistered) then the beneficiary can get probate of the will to claim his title especially if there are more than one legal heir or successor in interest. The NOC by other legal heirs may not be valid especially when they claim any share in the property at any future stage.

2. Unregistered GPA to sell the immovable property is not valid.

a. For a property to be transacted with through a GPA at this stage, the said deed is to be a registered document.

b. Your question is not clear, what is registered document you are referring to ?, any transaction of immovable property through an unregistered GPA is not valid in law.

A1. Notarising GPA or Registered GPA for immovable properties were optional till October 11,2011 after the judgement of the Supreme Court of India pronounced in October 2011 in the matter of Suraj Lamp and Industries Pvt. Ltd vs the state of Haryana GPA for all immovable properties should compulsorily Registered how ever existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected & are valid

The opinion of your lawyer is absolutely right and it is tenable in law.

Buyer lawyer is asking if any detail explanation is their in Indian registration act that notarise is ok

pls let me know the page number & sec i will chq.

You can ask him to show that the purchase by a registered sale deed through an unregistered GPA deed in the year prior to 2011 is not valid?

You can look for a different buyer if this person is not understanding the position of law.

1)facts stated by you are not clear . it appears your mother executed will in favour of one son . will is notarised . it is not necessary to regsiter will . bequest made in favour of one son is valid

2) in 2005 it was not mandatory to register POA . notarised POA executed by brother in favour of sister to sell was sufficient to sell the property

2) as fr as Karnataka is concerned only local lawyer can guide you as to when registration of POA has been made mandatory in Karnataka

3)) POA for sale of property needs to be registered The Registration (Maharashtra Amendment) Act, 2010 effective from 1 April 2013 has resulted in amendment of Section 17 of Registration Act, 1908 I (Act) in sub-section 1 in its application to the State of Maharashtra. As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way executed on and after the commencement of Registration (Maharashtra Amendment) Act, 2010 shall be compulsorily registered

4)registered sale deed executed on basis of notarised POA in 2005 would be valid

5) your lawyer has rightly pointed out that notarised POA executed prior to 2011 would be valid

Een before the Suraj Lamp case the registration of GPA was mandatory.

Howeevr if you now being all the sellers who join in the deed of sale as confirming party you can give a clear title to the buyer.So you can talk to them on this regard.

ven the Will does not appear to be Probate which is also mandatory.

1. The 'WILL' purported to have been executed by your mother in 1987 for her self acquired property in your favour, with 2 witnesses witnessing the execution of WILL is a valid one and the Registration of the WILL is only optional and not a must. Both the registered and unregistered WILL are legal if it is witnessed by 2 persons.

2. Affidavit of Declaration purported to have been notarised in April 2005 by your other siblings was not at all necessary in lieu of your mother' s execution of WILL in your favour for her self acquired property.

3. The unregistered GPA in favour of sister in April 2005 is in order as at that point of time the Registration of GPA was not compulsory.

4. Compulsory Registration of POA was made subsequent to the Hon'ble Supreme Court Judgement delivered in 2011.

5. Registered Sale Deed in April 2005 based on notarised GPA is legally valid, because the Registration of GPA was optional before the Hon'ble Supreme Court Judgement of 2011. Registered Sale Deed executed in April 2005 on the basis of notarised GPA is long before the Hon'ble Supreme Court Judgement in 2011 and therefore it is in order and the same cannot be questioned by others now,only on this point.

6. For any clarification required by anyone, let him go through the judgement delivered by the Hon'ble Supreme Court in 2011.