• General power of attorney

These is regarding appartment in Whitefield bangalore. we finalised one appartment but we come to know that its bot with builder but it is with the investor. we had phone call with investor ( stays in america)regarding money he agreed for 90lakhs for 1771 sq ft and we asked for the documents. he insisted us to give 1 lakh token amount . then he will provide documents. I gave him some bank problem so token money will be delayed by 5 days. meanwhile i asked for soft copy he did not replied but sent GPA provisional not registered stating 1645 sq ft. rest is with builder. he has not paid maintanence fee. property is only agreement with builder not got registered. he is saying u will be the first owner so there will be advantage. only problem we liked the appartment. how to go legally.
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

The seller is bound to furnish all the requisite documents relating to the title of the property before making any sale and the seller asking you for token money, without showing the documents of the property makes the deal suspicious.

So, I would advise you not to give any money upfront to the seller, without seeing the documents and getting them thoroughly scrutinized by an advocate.

Moreover, Supreme Court has held that buying property on GPA does not confer any title on the wire and such sales are invalid. A registered sale deed is a prerequisite for buying any property

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Firslty, Sir, there has been a recent judgment by Supreme Court stating that GPA or POA can’t be used for property transaction unless executed in the favour of close relative.

Secondly, your GPA is not even registered which means have no sancticity.

Thirdly, and even if it was registered then also it can’t be used for property transaction due to SC judgment as well as the GPA can’t decode the title of another person like in your case as it states that some portion belongs to the builder, it can only give right to another to execute on behalf of other.

Fourthly, I advice you to not to go for this sell, and if paid some money ask for them back.

Rest, you are free to consult me through Kaanoon for any further clarification.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Thank you sir for such a nice ratings for me over Kaanoon.

You can show me the documents also if you have any copy of the same if you have paid some money to the other party where I can guide you the way to take your money back, and chances of getting it back as per the clauses if any.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear client

Without legal opinion don't buy any property first u should verify the property documents it is must. I think the builders is playing game. Be aware.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

It is necessary to peruse documents furnished by investor ti advice

2) builder should give no dues certificate

3) NOC for sale of flat

3) tripartite agreement for sake of flat should be executed between builder investor and you . It should be stamped and registered

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. No proper advice on an immovable property can be given without seeing the relevant papers. So only checking the papers and deeds any comment of clear title of the property can be given.

2. In general your seller even if an agreement can sell the flat by a sale deed wherein he will shown as a Nominee and the developer the vendor. Non registration of agreement is no bar.

3. Before purchasing the flat do check with the developer about this.

4. i may repeat that show the papers to an advocate to form final opinion on ging ahead with this deal.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir the GPA is not valid instrument to transfer the flat to investor by the builder so transaction and transfer by GPA can be held invalid. Further the GPA is not registered it is just provisional.

You should ask builder for registered agreement with investor builder and land owner ..Further there has to be noc from builder and landowner.

Also the flat has to be sold with registered sale deed.

No dues on maintenance, check.oc of the flat.

Also most importantly there is dispute and difference of 100 sq ft in investor and builder document.

So kindly first ask for all documents get a legal opinion from lawyer by going through all the documents then go.for it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The builder have to register apartment directly to you and will transfer the booking from the applicant to you after payment of some transfer charges. You need to speak to him to arrange the transfer and recognise the payment by the first applicant.

You need a transfer not and NOC from the first applicant as the property is not yet registered. The area difference is due to application and subsequent super area calculations.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. if investor is selling the property, then ask him who will bear the transfer fee of the builder?

2. the builder will not agree to sign agreement directly with you as first owner until his transfer fee is paid

3. you will have to check on the Rera website if all approvals and sanctions are obtained and uploaded by the builder

4. the seller/investor can become a confirming party in the sale agreement between the builder and you because you will be paying money to the investor

5. the investor does not have a proper title it seems and has only a GPA

6. you must check the exact carpet area of the property

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

The builder will not give you the copies of the documents without paying him the demanded least amount.

If you would like to purchase the property then you may have to obtain the copies of all the documents for scrutinisation and legal opinion by a lawyer, for this you may have to pay the minimum amount to the builder.

That is the rule in practice being followed by all the reputed builders everywhere through the country.

The power of attorney document or the hearsay information from the investor will not solve your problem in fact the half baked information will lead you to confusion as well as it may not give a clear picture of the actual situation.

Even your advocate will not be able to rendre correct and proper opinion in the absence of the vital documents.

Rest you decide.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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