• Regarding gpa

Person A has been alloted DDA flat in Delhi it's free hold and all the papers is with him .he sell flat to B (ladies,) know this ladies has given GPA to her husband for all purpose of into sell the GPA is registered 
sir I have given the token money to buy that flat
 sir my question is that
What are the things should I look for the future so that I won't be in truble.
1-there is any problem in buying such GPA related flat in future
1- if onwer ladies B will come at the time of the registration it's valid ??
Because she had already given to GPA to her husband 
3-registred GPA is cancelled at anytime,??
4- shell I keep her as a witness 
5-its possible that ladies might give ,2GPA one to husband and another to children's??
In this situation which one is valid?
Sir I'm really in truble kindly give expert opinion and help i don't want any truble in future

Kindly help me out
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

1. There is no problem to buy the proeprty whose registered sale deed is executed by the GPA, provided the principal is alive as on the date of the execution of this sale deed.

The landlady may be asked to be present before the registrar for sinning the papers along with the GPA holder if you are so much worried about the genuineness of the property.

3. Registered GPA can be cancelled anytime, hence you may get an extract of the encumbrance certificate from the registrar's office to confirm that whether the GPA is still effective ior has been cancelled.

4. You can

5. It cannot be predicted, you may use your wisdom and find out if there any other person holding a GPA, this will be reflected in the EC.

Better obtain a legal opinion from a local lawyer before purchasing the property.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

My advice is don't go in for GPA. It is not valid in Delhi and may lead you in future trouble

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Firslty, after the recent judgments of Supreme Court, there has been a change in executing the GPA for property transaction as not it has been put on hold.

Secondly, but yes, still there is an exception to the fact that a person can execute it in the favour of a close relative, and husband is of that kind only.

Thirdly, so, yes you can go for the registration for sure, and if she comes at the time of Registration then that GOA would be of infuctuos.

Fourthly, no need of her being as witness as if she is the witness then why did she executed the GPA. And if she only signs own the paper then aslo she can’t as the owner can’t be the witness.

Rest you are welcome to contact me through Kaanoon for further future clarifications.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. There should be no problem, if the registration of sale deed is done by GPA holder husband. It has to seen that the GPA is registered, otherwise it has no value.

2. She can come at the time at registration. She can also sign as a witness in the registrar office.

3. It can be cancelled, but any sale has been made, with consideration involved, you can recover the amount from the husband, if the sale is invalidated by the court.

4.She can also sign as a witness in the registrar office.

5. Its advisable that you get the entire documents related to the said property scrutinized by an advocate dealing in property matters, so as to ascertain this. Without due diligence, this can pose future litigation. This is the most important aspect to be considered before buying any property.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Merely because lady has given GPA to her husband does not bar her from execution of sale deed

2) registered GPA can be revoked after issue of public notice and notice to GPA holder

3) she need not be a witness to sale deed

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Contact a local lawyer before you pay balance amount to seller

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. If she's herself available and can participate in the registration process, what's the need of GPA? Ask her to revoke the GPA and peform this sale in your favor on her own.

2. Yes, the GPA can be revoked.

3. If she's ready to come for registration, it is better than she must peform the sale and not her attorney holder. Otherwise, ask her to not even participate as a witness.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Alright.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

GPA is only a creation of agency, might be the executed GPA may be couple with interest. But how do u bind the land lords not to act or execute similar kind of GPA in favour of the third parties? Only I can say be careful…

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Respected Client,

Whatever I have answered you, is based on the recent amendments in law, and as per my own legal experience.

You can take my advice without any further doubt.

Rest, if you want then you can have an appointment with me through Kaanoon so that I can show you the judgments etc.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You should contact some advocate and show him all the papers, so that title search and other searches can be done and concrete advice can be given.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. No if husband is selling flat with GPA of wife and the title of the property is clear in that case no problem.

2. Even if the GPA is given principal (wife) herself can register.

3.Yes but a public notice and an agreement is required or notice.

4. If principal i.e. wife can sign then let her be the seller in her presence why GPA holder will sign husband can be witness she will sign as seller.

5.Both are valid further the GPA you are registering before registering you can check with sub registrar if any sale deed prior to yours is registered or not. Further there can be such clause if 2 GPA that the one GPA shall inform and take consent of other. SIr if property is name of wife and wife can herself present and execute the registered deed then there is no issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if registering with GPA an affidavit from wife can be taken that she has given only one GPA to her husband and further the sale is done with her knowledge and consent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should contact a local lawyer

2) check whether title is clear and marketable

3) get sale deed vetted by him

4) then only pay balance sale consideration

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1) You better make triplets sale deed agreement and registered it so you will not in trouble.

2) The history of owner should be mentioned in it.

3) If you want to make sale deed of your flat I can make it for you at reasonable rates.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Is the GPA registered? The sale cannot be made on the basis of an unregistered GPA.

2. Check the chain of title to ascertain if the title is free and marketable.

3. The sale deed to be executed by the husband of owner can have the latter as a witness but this is not mandatory.

4. Possible that she may given 2 GPAs. It is always better to have the true owner execute the sale deed in favour of buyer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. IT would be legally prudent that the Property-Owner should be physically present at the time of Registration of the Sale-Deed.

2. HOWEVER, IF the Property-Owner is not present that the Registered POA holder (of the latest date) MUST be present before the registrar for Registration of Sale-Deed.

3. TO avoid any mischief, INSISIT on a Irrevocable Indemnity Bond, of todays date, executed before Notary-Public, of the Property-Owner, declaring that the Registered POA is Final for all purposes and is legally binding on her for all purposes and that no other Registered POA of todays date is executed and that she undertakes to indemnify ANY & ALL losses caused to you, due to any mischief in future.

4. Annex the Bond alongwith the Sale-Deed, which will give legal guarantee for the deal.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1-there is any problem in buying such GPA related flat in future?

Answer: No, there is no problem. The GPA holder can sell you the flat provided a sale clause is there in the GPA;

2- if onwer ladies B will come at the time of the registration it's valid ??

Because she had already given to GPA to her husband

Answer: The owner B need not come to the place of registration;

3- registred GPA is cancelled at anytime,??

Answer: The GPA can be revoked provided the owner and the GPA holder mutually agree to it;

4- shell I keep her as a witness

Answer: It is better not to keep her as a witness, since the owner cannot be witness;

5-its possible that ladies might give ,2GPA one to husband and another to children's??

In this situation which one is valid?

Answer: No she cannot give;

This is my adivse to you:

1. Engage services of a lawyer, let him/her verify the seller's documents;

2. Also the advocate can give you a title search report of the property;

3. Then you can also approach the registering authority and obtain the necessary documents;

4. You can make the seller sign an Indemnity Bond stating that if problems arise in respect of title of property then the seller shall bear the litigation expenses;

5. This puts you in the front foot;

6. The GPA holder can sell you the land;

7. The owner's name can also be mentioned in the agreement and if she can appear then it is better to make her sign.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear client,

On the basis of registered GPA, sale deed executed by husband is valid. SHe can be witness,

Upon registration of sale deed original GPA will/should be hand over to you. Imp. along with all original documents - chain of document.

Without cancellation of first GPA another is void.

Go ahead no issues, don`t make cash payment - get all the originals in possession.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Different lawyers will be rendering different opinions, you may choose the best that you think will suit you.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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