• GPA is transfer to sale deed in Gurgaon

We purchase a property in gurgaon haryana 
first a party purchase property to dlf with sale deed
second a party sale to b in sale deed
third b sale basement and ground to c with sale deed
after some time b purchase property to c with gpa because gurgaon baaned property to sale deed floor wise 163 yard
now we want to purchase through b 
registry is done or not
home loan is done or not
Asked 7 years ago in Property Law
Religion: Hindu

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24 Answers

Hi, you can purchase through GPA from b , also get a WILL done from b in your favour with attesting witness of C in it ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Home loan can only be granted on sale deed not on GPA...However, the bank may give loan if it is satisfied that you are the valid owner of the property

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If you want to buy full property then you will have to buy basement and ground floor from C and rest property from B

If you are applying for home loan then you just need to submit the copy of title papers to bank who will inform you whether title of seller is clear or not and will do the due diligence on your behalf

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

If you are looking to buy a plot, you may not be eligible for a home loan, but for a land loan. Home loans are available only for the property already constructed, under construction or likely to undergo construction soon. For funding the purchase of a vacant plot, you will have to go for a land loan instead.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Apply for housing loan

2) if title of seller is clear and marketable you would get loan

3) if seller does not have registered sale deed don’t purchase the property

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

GPA does not confer title to property

To confer title sale has to be registered sale deed only

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Bank will not sanction Home loan unless title of seller is clear and marketable title

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. Registration of Sale Deed through GPA has been ordered against by the Supreme Court in the year 2012 in case of Surya Electric vs. The State of Haryana.

2. Keeping this in mind, the sale deed for purchasing the property of C by B may not be registered by the Registered.

3. There might not be any sanction of home loan by any PSU Bank on the above ground.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can buy the entire property wherein the title holders of all the floors should jointly execute and register the sale deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Sale Deed registered by all the floor owners together is possible subject to approval of the law of the Stale Govt.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Registration of joint sale deed is possible and thereafter home loan should be allowed.

2. However, verify with the local Banks about their further requirements to provide you the home loan for buying the above property.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Sir in case you are buying the total property then in that case the B can make a sale deed in your favour with help of POA of C and for his share through himself same can be registered and you shall get the bank loan also.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it is possible using the GPA the B will sign on behalf of the C as well as he is the owner of the rest of the property so meaning there by a single sale deed can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the sale deed is possible and it can be registered the B shall sign as the attorney of C in the sale deed for his share/.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See as far as the facts on the record you can get the home loan further bank checks the complete title, though based on transaction between B and C your home loan wont stuck it would be clear transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Get a title search of the property done

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Each of the buyer and the GPA holder will have to mark presence before the court and will have to sell the share of the property.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get in touch with the bank, they will tell you as to whether they can give loan on the said property or not.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Get in touch with a local lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sale deed cannot be registered on the basis of GPA. special POA is meeded for sale transaction.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

There seems to be some legal complication in the property you propose to buy.

From the contents it appears that the property involves in some legal lacuna

Have collected property related documents and produced before a local advocate for a legal opinion?

Have you sought the opinion of the bank for sanctioning the loan on the basis of the property documents of this property?

First you get the property documents scrutinised, obtain legal opinion and then if the purchase is recommended, you can proceed.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

WE WANT PURCHASE COMPLETE PROPERTY

There is nothing wrong in buying the whole property but remember the hindrances in it, there is no proper sale deed on anyone in whole.

Get the clarity of the title to the property through the seller and then proceed.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

SIR SALE DEED IS POSSIBLE

HOME LOAN

The bank has to be consulted in advance before buying the property.

The bank is having a team of advocate to whom this will be referred, they will give opinion about the clear and marketable title of the property to the seller, after which it will depend on whether to proceed or to stop there.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

WE WANT SALE DEED AND HOME LOAN

You may obtain all the relevant documents and the papers of the property, produce them before a local advocate, get them scrutinised and have his opinion about the property.

If it is recommended then you can go ahead or else you may have to drop the proposal.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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