Site Property 'P' owned by Husband(X) and wife. Wife given GPA(GPA-1) to husband for all rights include sale etc. Husband(X) given GPA(GPA-2 include sales rights etc) to another agent(A) for this site with using his(X) wife GPA(GPA-1) and include owner X signature. Agent(A) purchased this site by himself using that GPA(GPA-2). Previous owners X , his(X) wife and current sale deed Owner (agent A) are agreed to sign on any legal documents to sell this property to me if needed. Kindly requesting to provide your opinion and options to register(sale) this site under my name legally. Thanks alot, Ravi
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Which state is the property situated in as laws differ from state to state?
Basically, you and your wife would need to execute a sale deed in favour of the agent and that should be compulsorily registered, after payment of requisite stamp duty.
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Property owned by Husband(X) and wife. Wife given GPA(GPA-1) to husband(X) and this document has mistake(2nd page has incorrect site range numbers 1-10 when stating for rights and last page of "Scheduled Property" stated that correct site range numbers 1-20). Husband(X) given GPA(GPA-2 include sales rights etc) to another agent(A) for this site with using his(X) wife GPA(GPA-1) and include owner X signature. Agent(A) purchased this site by himself using that GPA(GPA-2). Previous owners X , his(X) wife and current sale deed Owner (agent A) are agreed to sign on any legal documents to sell this property to me if needed. Kindly requesting to provide your opinion and options to register(sale) this site under my name legally. Thanks alot, Ravi
Property located at bangalore, karanataka state
Proper documentation should be put in place for purchase of the property. The sale document should be properly stamped and registered and the original title deeds should be taken by the purchaser from the seller.
The original conveyance or sale deed from the previous owners of the property is needed. If you have lodged the original deed for registration with the registrar, you need to provide a copy of the conveyance deed or sale deed along with a photocopy of the receipt from the subregistrar where the documents have been lodged for registration.
Once the documentation is cleared, the parties can then enter into an agreement to sell and confirm the terms and conditions. After this, they can start preparing the sale deed. Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. This agreement is also signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence.
hello,
the husband and wife are co-owners. the wife executed a GPA in favour of the husband. here the wife is the principal and the husband is the agent. the agent cannot issue another GPA unless there is a specific clause in the GPA that the holder of the GPA can further issue a GPA.
if that clause did exist then it was a valid GPA.
Is there delegation clause in GPA ?
Delegata potestas non potest delegari is a principle in constitutional and administrative law that means in Latin that "no delegated powers can be further delegated. ..
3) one to whom power is delegated cannot himself further delegate that power"
4) it is necessary to peruse POA to advice
Sir for the wife share husband cannot delegate her right further through GPA as husband is acting agent of wife.and he cannot by himself delegate till such power is specifically agreed in the GPA.
For own share he can give GPA and for wife share he or either wife has to sign and register the sale deed.
Further in case there is error in the GPA in that scenario the GPA need to be rectified then sale should be made.
The documents in this case doesn't look clear to me first the old sale need to be rectified consent of wife is required for sale that is signature as delegation is not valid. Further a Noc can be taken and the GPA should be rectified.
The documents in your scenario looks complex and there perusal.is must otherwise it may cause prejudice to you.
This is my response to you:
1. Which of the above GPA's are registered?
2. Do you have the copies of the GPA's? Which of them have a written clause stating that the right sell is there?
3. If the answers are yes, then you can purchase the property from that agent (A), since he is the owner of the property;
4. Still for your safety you can ask X and his wife to give their NOC and Indemnity Bond stating they will have no claim now or in the future;
5. You can also do a title search report and find the trace of previous and current owners of the property.
1. in the POA granted by wife to her husband, check if there is a power to substitute
2. if such power is there, then husband can grant POA to the agent to act on behalf of both husband and wife
3. that is, husband has granted power to agent to acct on his behalf and also on basis of the POA granted by wife to husband containing a power to substitute, the husband has substituted himself and granted POA to agent who can also act on behalf of the wife for her share in the property
4. check in the POA granted to agent whether there is a power to sell and to receive consideration
5. check whether consideration is passed to the husband and wife by the agent
6. in the sale deed, the agent can become a vendor, the husband and wife as confirming parties and you will be the purchaser
7. you will now pay consideration to the agent and the agent will transfer his right to you and this transaction will be confirmed by the husband and wife as confirming parties
1. Did Agent A git the sale deed registered in his favour by paying the stamp duty?
2. If yes, then you can get the sale deed registered by Agent A in your favour where both the husband and the wife will append their signatures as confirming parties.
1. You can get the sale deed registered by Agent A wherein the details of the error committed in the body of the POA executed by the wife should be mentioned.
2. The said sale deed should be signed by both the husband and wife as confirming parties to clear all the anomalies, as suggested in my earlier post.
1. Get the sale deed as suggested in my earlier posts registered before the concerned Registrar at Karnataka.
2. The recital in the said sale deed will be of great importance for which you are required have to engage a local lawyer having expertise in dealing with property matters.
A GPA cannot authorise another person to act as his GPA, it is not valid in law.
However since that person bought himself and the owners are ready to ratify the same, in my opinion you may move on with the proposed purchase.
The incorrect or inconsistent site numbers need to rectified by executing a registered rectification deed.