• Is GPA required if there is no objection from sister

Dear Sir,
I am planning to purchase a plot land from owner Name Mr Harish, The following is what my lawer said. 
1. The landlords sold the said land in 1974 to one Mrs Rukmini and the same could be evidenced from EC
2. When the entire land sold in favor of Mr Rukmini, at laterstage, RTC/Pahani were muted in the name of Mr Ramakrishna by virtue of Spl. Thasildar order and no where there is mentioned that he had sold the land.
3. There is no records availabe to prove that Mr Ramakrishna had purchased the afore said lands from Mrs Rukimni.

And advised to check with landlord.
The landlord show kind of document where Mrs Rukmini had give No Objection to Mr Ramakrisha.

But lawer mentioned that there should be a GPA apart from No objection document between the brother and sister. 

Can any one tell me if this should avoided or can we purcahse. The total lan was 1.9 acres and i am only taking one plot in it.
Asked 1 year ago in Property Law from ,
Religion: Hindu
Hi, if there is no documents to show that Ramakrishna had purchased the property from Mrs Rukmini then it is my opinion you will not venture into purchase the property.

2, It is better you can purchase some other property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi, either sale deed or gift deed is very much necessary to show that the property has been transfer from one person to another.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) ask your lawyer to certify that title is clear and marketable .

2) if he refuses to do so then title is not clear and marketable . 

3) original title deeds must be in possession of seller 

4) if seller does not have originals dont purchase the land 

5)sale deed/ gift deed  between Mrs Rukmini and Mr Ramkrishna should be on record for transfer of land in Mr Ramakrishna favour 

6) dont purchase the land 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
Thanks
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Why was the land mutated in favour of Ramakrishna when the sale was made in favour of Rukimini? Are Rukmini and Ramakrishna related by blood?

2. The title could not have passed to Mr.Ramakrishna on the basis of a GPA executed in his favour.

3. If Mr.Ramakrishna were to become the owner of the land then a sale deed were to be registered in his favour. Mutation had to follow and not precede the sale deed.

4. A No Objection Certificate would have sufficed for the sale of the property.

5. Check the antecedent chain of ownership in a threadbare manner before the purchase.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1. It is not necessary for either brother or sister to execute a GPA in other's favour for the sale to happen.

2. If the NOC was given in accordance with the law then the property could have been sold.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1.One has to verify the documents in detail to form an opinion in this matter.
2.How Mr.Harish has derived the ownership?.
3.Transfer of property from Mrs. Rukmani to Mr.Ramakrishna could not have been effected without a legally recognised document.
4.How could the RTC/Pahani were mutated in the name of Mr.Ramakrishna without any deed.
5.Even if Mrs.Rukmani and Mr. Ramakrishna are sister and brother there should have been a gift deed or relinquishment deed or a registered GPA( GPA was legally permitted prior to SC judgement of 2011). Now SC has held that the transfer of property can not be effected through GPA and is not legally valid & binding.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) mere NOC by Rukimini is not sufficient 

2) she should have executed regd POA in favour of Mr Ramakrishna to sell the plot to Mr Harish 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1 I do not know in which place and state this plot is situated.
2. In Karnataka, that too in Bangalore, roughly about 2 decades ago, State Govt had stopped registration of all revenue properties and had banned transaction of such revenue properties.
3. Inspite of this, unofficially, people followed a different system of selling the property without paying the stamp duty to State Govt.
4. Any body who wanted to buy a revenue property would accept an unregistered GPA from the owner of the land in favour of the buyer and in that the person selling the property accepts that he has received the entire sale consideration and hence he is giving the GPA to the buyer. This route was taken since the State Govt had banned registration of revenue properties in the state of Karnataka at that point of time. 
5.When the ban on registration of revenue property was lifted by State Govt, such GPA holders got registered their properties and at the time of Sale Deed registration, GPA holders used to bring NOC from the original owner.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1. Title of immoveable property is conveyed not by mutating the name but by registering Dedd of conveyance before the Registrar,

2. Befoe 2012, sale through GPA executed and registered in the name of non relative was prevalent which has been stopped as per the order passed by the Supreme Court in the case between Surya Lamp..... Vs........Govt. of Haryana,  

3. You can buy thr property from its owner whose name is shown  in the books of the Registrar & not from anybody else.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
Their personal relationship is irrevalent in the matter of the Title of the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0
1. When there was no registered agreement between Ms Rukmani and Mr Ramakrishna  for conveying the title of the property, Mr.Ranakrishna can not become its title holder with the help of just a NOC,

2. Any day the legal heirs can challenge the claimed ownership of Mr. Ramakrishna sine there was no registered deed of conveyance in his favour in connection with the said property.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
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