• GPA

My father has got gpa which is notarised in 1984. Which he transferred to me by means of registration on 2014. The said owner(Wife of owner, who died on 1983) who maid gpa on my fathers name was dead in 1986 . My father passes away during court proceedings.(Karnataka,Bengaluru)

1) Do I valid case to fight as I have original GPA, sale deed(Registration certificate), B KATHA from BBMP, Till date tax paid receipts?
2) Opposite team(sons of owner) submitted partion deed(done on 2011) and enconference certificate. Is this enough for them to win the case?
Asked 4 years ago in Civil Law

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15 Answers

Dear Concerned,

As you have a registered document executed much before the Partition deed date 2011 , you have good chances getting orders in your favor.

However you need to check how come they have the encumbrance certificate also check the size on which they are claiming share......

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

GPA expired with the executor.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

1) Do I valid case to fight as I have original GPA, sale deed(Registration certificate), B KATHA from BBMP, Till date tax paid receipts?

Ans: Yes, you are the owner in view of sale deed, irrespective of unregistered GPA.

2) Opposite team(sons of owner) submitted partion deed(done on 2011) and enconference certificate. Is this enough for them to win the case?

3)

Ans: No, they struggle a lot inspite of that they may not win for the reason the property was self acquired property of their parents.

As GPA was only notarised not registered on 1984. Is it still valid as registration was done on my name in 2014(when owner was dead on 1986) by GPA holder?

Ans: The SC issued a cut off date GPA sales after 2011 is in valid. As such your GPA and sale transaction is valid. The SC judgment is as follows.

=========================================================================

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

In 1984 registration of GPA was optional

2) in 2014 registration of GPA was mandatory

3) your father could not have executed sale deed or gift deed your favour

4) further GPA ceases on death of principal unless coupled with consideration

5) you don’t have clear and marketable title to the property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

The unregistered GPA will be difficult in shows but you can contest and various regions that you have all the documents pertaining to the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. 1 Well, as the GPA was registered the transfer by your father in your favour was not valid or complete. So the title did not pass from your father to you.

2. However since you are in possession of the property you have better title in it than the original owner and you can thwart their attempt to recover it.

3. Now to end the dispute for ever and to clear your title get a sale deed registered by the legal heirs of the original owners.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since the property was sold and registered and you have registration and up to date tax paid receipt you have good chance to win the case even if the gpa is unregistered it won't affect such transactions. GPA sale transactions made after 2011 Is not valid since the GPA was executed long before your transactions is valid.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir

GPA is given during the life time of the person not on the death. The Death of the person will take away GPA.

Feel free to reach us for the assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

1. Yes you do have a valid case to fight.

2. this is not enough for the reason that the right were given to your father by means of the GPA

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Registration on your name in 2014 is not a valid ground, you will have to prove that the GPA made in 1984 was valid and your father was having the right to transfer the same to you.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Sir the GPA expires with the principal in normal circumstances, but if there is any interest of the agent in the GPA property like GPA was made instead of sale in 1984 and father paid full amount the GPA can be treated as valid,

. SO yes you have valid case to fight and contest. But the interest in property has to be establihed,

2. Sir based on the 1984 deed the ownership of the property has to established that your father had interest in property paid full amount therefore you are the owner.

SIr to win the case fro both side the court will see the complete material on the record.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir in 1984 not mandatory to register GPA and further as interest of father in property GPA is valid so in my opinion the registration is valid.

imself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the

absence of an express contract, be terminated to the prejudice of such interest.

Illustrations

(a) A gives authority to B to sell A‟s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot

revoke this authority, nor can it be terminated by his insanity or death.

(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton,

and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his

insanity or death

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Actually the notarised GPA executed in the year 1984 becomes invalid on death of the principal. The principal is reported to have died in the year 1986, hence the sale deed executed in the year 2014 in your favor is invalid and not maintainable in law.

2. As per law their claim is legally valid.

As the GPA is automatically cancelled upon the death of the executor, their claim can be held legally valid.

You can claim title on the basis of adverse possession.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

As GPA was only notarised not registered on 1984. Is it still valid as registration was done on my name in 2014(when owner was dead on 1986) by GPA holder?

The registration of GPA was not mandatory at that time however the GPA stands automatically cancelled upon the death of principal hence the sale deed executed by your father subsequently may not be legally valid.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

A. Notarized GPA is valid in the year 1984 (But not valid after 2011). However, GPA will become invalid in the event of executor died. But this rule has a exception that when a party executed a GPA by creating interest over the property that GPA would not be cancelled by demise of the executor under the Section 202 of the Indian Contract Act, 1872.

B. But in your case, there was no interest over the property and the Executor died very long back and Sale Deed happened recently by using dormant GPA. The legal heirs of demised person can challenge the alienation of property by 3 years from the date of knowledge under the law of limitation act subject to exceptions which means condonation of delay under Article 5 of Limitation Act.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

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