• Land owners and GPA holder

Sir/Madam
 This question is related to land owner and registered GPA holder
1. I have signed a agreement to sale to buy residential site from Vendors (husband and wife) and then wanted to construct villa from builder. They own entire layout and selling plots from this layout, in Bangalore, Anekal area
2. Because the vendors are aged, they have executed registered GPA to their son Mr Son. Representatives from vendors family are saying that, their Mr. Son, who holds registered GPA will execute Absolute Sale Deed. 
3. I think GPA will be valid only as long as actual owners (who has given GPA) are alive. In the above case, how can I make sure that, actual vendors are alive ?. I can't ask them directly. I know that, while executing Agreement to Sale (2 months ago), vendors were alive and signed in my presence.
Asked 2 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

Ask the son to arrange personal meeting with the vendors

2) obtain in writing from the vendors that due to old age they are not in position to visit sub registrar office personally and hence son woukd execute sale deed on basis of registered GPA

Ajay Sethi
Advocate, Mumbai
55524 Answers
3348 Consultations

5.0 on 5.0

Dear Sir

From 2011 the Supreme Court not recognised G P A sales. It is not safe to get sale deed excuted by G P A Holder. It is better to insist direct execution by the owner and his sons and daughters as CONSENTING witnesses or they can execute G P A in favour of one of the brother to act as CONSENTING witness. It is better to common release deed from sons and daughters

Kishan Dutt Kalaskar
Advocate, Bengaluru
3389 Answers
68 Consultations

5.0 on 5.0

You can demand the son who is the registered GPA Holder to produce proof of living certificate from a Government doctor, certifying that both his parents are alive and hence the GPA given by them in his favour is also valid and subsisting.

Kiran N. Murthy
Advocate, Bangalore
1086 Answers
114 Consultations

5.0 on 5.0

1. You may ask the son to file an affidavit with regards to the same alongwith the other documents before the registrar office.

You may also enquire the same in the office of registrar, death and birth.

Regard

Anilesh Tewari
Advocate, New Delhi
13580 Answers
185 Consultations

5.0 on 5.0

1. Take a life certificate of the owners, a notarised affidavit can be taken from.them.to ascertain they are alive. Sir ask them affidavit from both the owners saying that they have give power to their son to execute a sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
10637 Answers
37 Consultations

5.0 on 5.0

Obtain it on their letter head that they have authorised son as registered GPA to sell their property

You can in alternative obtain affidavit on Rs 100 stamp paper that they have authorised son to sell the property . Affidavit should be duly notarised

Ajay Sethi
Advocate, Mumbai
55524 Answers
3348 Consultations

5.0 on 5.0

Sir an affidavit would be better stating that they have given such POA and they are unable to go for registration.

Shubham Jhajharia
Advocate, Ahmedabad
10637 Answers
37 Consultations

5.0 on 5.0

If you take a letter then the same will not be sufficient.

Regards

Anilesh Tewari
Advocate, New Delhi
13580 Answers
185 Consultations

5.0 on 5.0

N O C on e-stamp paper of Rs200/- notarized

Kishan Dutt Kalaskar
Advocate, Bengaluru
3389 Answers
68 Consultations

5.0 on 5.0

I think GPA will be valid only as long as actual owners (who has given GPA) are alive. In the above case, how can I make sure that, actual vendors are alive ?. I can't ask them directly. I know that, while executing Agreement to Sale (2 months ago), vendors were alive and signed in my presence.

You can insist the life certificate of the original owners/vendors at the time of executing the registered sale deed in your favor by the GPA holder, this will solve the purpose.

T Kalaiselvan
Advocate, Vellore
45580 Answers
533 Consultations

5.0 on 5.0

that, we can take written letter from vendors. Can it be taken on plain paper with signatures from Vendors? What should be the format of such letter?

Even this written letter from the owners will not be legally valid if they are not alive at the time of execution of the registered sale deed, hence it would be better to obtain a life certificate about the principals at the time of getting the sale deed registered.

T Kalaiselvan
Advocate, Vellore
45580 Answers
533 Consultations

5.0 on 5.0

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