• GPA document lost - property was registered

Hi ,
I bought a Plot in 2007 and got this property registered in joint name of self and spouse . This registration was done by  my friend whom I had given the GPA. This GPA document got lost subsequently and i do not have a copy of it in Possession . I have all the relevant papers including the original registered sale deed except the GPA. 
                         I am now trying to sell this plot and available for transfer but the buyer is insisting on the GPA document. Is this document necessary? What options do I have.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
If the GPA was registered one,you can get its certified copy from the concerned sub registrar office for a fees.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. The buyer has got ebery to ask for GPA.
2. Since it is lost then you can always apply for its certified copy from the registration office where the GPA was registered.
3. if the GPA was not registered then such GOA has no value.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1. Was the GPA registered? 

2. You must note that unless GPA was registered the subsequent sale deed is illegal.

3. If the GPA was registered then a certified copy thereof is easily obtainable from the office of the registrar.

4. The buyer is rightly insisting the production of the GPA. No wise buyer will purchase the property without inspecting the GPA.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You and your wife have not become the lawful owners of the land as the GPA was not registered.

2. The GPA requires compulsory registration.

3. No buyer will purchase this land from you as you are not its owner.

4. Now ask the seller to register a fresh sale deed in your favour.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, Now the General Power of Attorney is not required for the purpose of sale transaction as you can sell  the property however the purchaser is required that GPA.

2. First you have to lodge a police complaint for lost of the documents and make a paper publication in two daily news paper that you have lost the documents so that is sufficient.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Even though its a unregistered GPA, while registering the plot in your name by the GPA holder, a copy of GPA would have been attached to a copy of sale deed executed in 2007 and it will be available in the concerned Sub-Registrar's Office.  Try to retrieve a copy from SR's office.
2.This GPA document is not mandatory for the sale of Plot now and if the buyer is very particular of this GPA, you can execute an Affidavit for the same explaining the circumstances.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) is GPA registered . ?

2) if so you can obtain copies from sub regsitrar office on payment of nominal charges .

3) if GPA is not registered you wont be able to obtain copies from sub regsitrar office . 

4) the property has not been sold to you through GPA . only registration  of plot in your name was done by GPA . 

5) the buyer would want inspection of document as no purchaser likes to take chances in buying any property on account of number of frauds that take place
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
1)if your friend the  agent  also does not have the POA your friend  can lodge police complaint about loss of GPA 

2)execute indemnity bond in favour of purchaser to indemnify him in case any claims are made on basis of GPA
Ajay Sethi
Advocate, Mumbai
23346 Answers
1221 Consultations
5.0 on 5.0
A. If you want to transfer the property through GPA, it must be registered in the eyes of law.

B. In case if any person has made a transaction through unregistered GPA it will be voidable transaction.

C. Once the person delegated the power through the GPA to transfer the right that must be duly stamped and register the same. However, the GPA is not necessary to produce before the Sub Registrar's office at the time of Sale Deed Registration. But the purchaser can compel to produce the required document to ascertain the Vendor's marketable title over the property as per the duty and responsibilities of the Vendor in accordance with the Transfer of Property Act, 1882.
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
1. Your query is not clear,

2. For what did you give GPA to your friend while registering the property in your and your spouce's name?

3. Do you mean that your friend was the GPA holder of the seller?

4. Was the GPA registered?

5. Unregistered GPA has no value legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. Unregistered GPA has no legal value in the matters of registering conveyance deed,

2. Your conveyance deed can be challenged by the said vendor and in that case it will be difficult for you to defend yourself,

3. Your present customer rightly asked for the copy of the said GPA to find out whether it was registered or not,

4. Get your Title Deed validated first by further entering in to a rectification Deed wherein the owners will replace the unregistered GPA holder.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
you should file declaratory suit for declaration that property is registered by your friend under GPA. make your friend, seller & stamp vender as opposite party. stamp vender maintains record of selling of stamp. call him to produce his document/register before court and cross checked. record your friend's statement. if court  satisfies upon evidence shall pass order that registration was done by  your friend. 
this order is binding and has legal value. you can sell your property to any one.
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0

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