I am looking at a property where the landowner is selling his share (flat) in an apartment complex which is already comoletely built. The person i am dealing with is the landowner. The original JDA was executed in the name of his grandmother by one of her daughters who was a GPA holder along with other owners of the land on which the property is built. In the JDA the name of the Grandmother along with her 5 daughters are mentioned. However grandsons are not mentioned. Now the GPA holder daughter has executed a gift deed to donate one of the 5 flats that grandmother recieved from builder, to one of the grandsons. Its a complicated busuness and so wanted to kniw what all pitfalls can be there and how to protect myself from forgery? This property is in Bangalore.
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1. Check if the landowner who is selling you the flat, has a registered allotment agreement executed by builder in his name
2. Did the daughters consent to the allotment of flat by builder to the grandmother?
3. Is there any allotment procedure mentioned in JDA? Meaning which owner will get which flat?
4. Are the owners all entitled to the land? What is title history?
5. Did the land originally belong to some family member who is now deceased?
Is the sharing agreement between builder and land owner registered?
2) then avoid legal complications it is necessary that supplementary sharing agreement be registered
3) is gift deed registered
4) is GPA registered
5) consult a local lawyer before you purchase flat
Dear Client,
GIFT Deed through POA is permissible but it is a matter WILL/Wish, so GPA has to be very specific, up to what extant and purpose POA is executed.
POA execute to allow agent to act on behalf in the best interest of principal, but GIFT is matter of choice. So GIFT through POA, if not clearly mention in POA, is questionable.
1. Does the GPA authorise its holder to execute and register gift deed for and on behalf of the grandmother?
2. As per your query, the JDA was executed between the grandmother along with her five daughters and the builder.
3. In what capacity the daughters came in to the picture while signing the JDA? Are they the share holders of the land too?
4. If the grandmother and her five daughters are equal, claimants of the allotments of flats to the land owners, then you can buy the flat allotted to the grandmother specifically by the builder which was further gifted to the grandson.
5. Papers and documents are required to be perused and examined thoroughly before buying immovable properties.
Sir check the Joint development agreement and title of the land, further the agreement should be registered.
Further see in this case it is very important to peruse each and every document to advice correctly. Further the allotment letter builder should be registered and same is case with GPA.
Before buying the property also check for the OC and CC of the Flat. Further it is necessary in your case to get a title report and history of the property take help of local advocate to check documents and further check title of property.
Actually, the problem is not that you can’t go ahead and buy the property, but there are chances that I future any of the legal owner may put question on it for not abstaining their NOC then you may be in trouble.
So, I advice you to go through the actual chain behind the property.
Though, before the transaction of property was allowed by GPA etc., but not now as per Supreme Court Judgemets.
Rest, would feel fortunate to help you further in future...!
There is no legal infirmity in it.
If she had been authorised by virtue of GPA to execute a registered gift deed to her son, and the principal i.e., the grandmother is alive then the transfer by gift is very much valid.
Thanks for all the answers. just to answer to the various queries sent- Mr Yusuf - 1. a supplementary agreement (registered) exists between the landowners and builder which declares the flat allotment explicitly (with flat numbers mentioned). 5 flats allotted to the grandmother's name. None in the daughters' name. 3. Daughters were signatories in the Supplementary agreement. 4. Title history has been provided. I am going to check with a lawyer to check on the history. 5. I think the land belonged to the grandfather who is now deceased. But not sure if it was transferred to the grandmother after his death. Mr Ajay - yes, all of these documents are registered. Mr Yogendra Singh - The GPA does mention the property explicit flat numbers and also gives the authority to the GPA holder to execute gift deeds. Mr Krishna Kishore Ganguly- 1. Yes. 3. I am not sure what capacity. All the daughters were signatories in the JDA. Should I look for something specific here? 4. All flats were allotted to the grandmother. None to the daughters. Supplementary agreement clarifies this along with the flat numbers. the GPA provides details of the flats and the gift deed specifically calls out one of those flats that is being gifted. Mr Shubham Jhajharia, Thank you sir. These documents have been provided now. I am going to check with a lawyer about these points. Mr Sanjay Baniwal, Should I ask for NOC from all the members involved? Like the 5 daughters of the grandmother and their offsprings? Are you saying using GPA, none can transfer property? in that case this property should not be bought? Mr. T Kalaiselvan, Thank you sir.
1. you are buying flat which came to share of grandmother under supplementary agreement
2. daughters have consented to above allotment by being signatories to supplementary ag.
3. so one thing becomes clear that the grandmother is indeed the allottee of the flat which is being sold to you
4. now check whether the daughter who holds the GPA from grandmother has the power to transfer the flat to the grandson
5. if grandmother has given power to her daughter to also sell and transfer the flat which came to grandmother's share, then you can buy from the grandson
6. the gift deed in favour of grandson has to be a registered document
7. also check if the land was originally owned by the deceased grandfather then whether his legal heirs obtained letters of administration from the court to transfer the land to their names
If all documents are registered you can go ahead with the deal
If it is explicitly empower through POA to execute Gift Deed, than no repercussion.
But make sure, how grand mother acquired the property, self acquired or inherited.
Your main question or worry is that is this property involved in any forgery.
The daughter cum GPA holder, if authorised in the POA deed to transfer the proeprty by execution of a registered gift deed and if the principal was living at the time of the said execution of registered gift deed, then there is no illegality in it.
The other aspects like the the other daughters were signatories in the supplementary deed can be clarified only after perusing the said documents.
Perusal and scrutinisation of relevant documents will throw light on all the doubts you have in your mind.
As you have mentioned that you would refer the papers before a local advocate, you may go on and obtain legal opinion with recommendations before venturing into the proposed purchase.
1. First of all you shall have to find out in whose name the title of the land stands.
2. Is it in the name of the grandmother only which she had purchased by registering a sale deed or it has been inherited by her along with her daughters.
3. If it was inherited then it is to be examined as to who are the legal heirs of the original title holder of the land i.e. is/are there any other person/s left out from the legal heirs certificate for signing the JDA?
4. If the land is owned by the grand mother and all her daughters then have the daughters relinquished their rights of their shares of the constructed flats specifically in favour their mother in the said JVA executed by them?
5. All the documents are to be examined in the light of the above queries before buying the flat.