• Notary GPA and sale in 2002

Sir,
I am going to purchase a property (plot) panchaythi layout with LRS which was having as a link document ,of Notary Sale cum GPA and stamp duty was paid for VALIDATING this GPA cum sale in Ranga Reddy Register office in 2002.
The property owner having his agriculture land as per Phahani records from 1987 to 2013.

from the year 2000 to 2008 their was case against this property, finally in 2008 case was own by same property owner. In phahani also same was mentioned.
In 2010 this GPA holder had registered this property on her name. 
In 2018 ,she had done Position with GPA to other person with 5% stamp duty.
From him I am going to purchase this property.
thankq
waiting for your reply.
Asked 7 years ago in Property Law
Religion: Hindu

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14 Answers

1) Need to review all legal documents, actually the questions has ask very limited and papers are more. Check all mutation records and possession are on whose name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sir the GPA owner shall make a registered sale deed in your favour on behalf of original owner by virtue of the registered GPA.

It would be perfectly legal transaction and there won't be any issue in same.

The GPA holder with registered GPA sign as agent of original owner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes this completely legal and valid transaction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See since document is not registered it cannot be said as proper document for transfer of property. But there is court order in favour of owner so that will suffice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If he is the owner on on records as per title search then you can buy the same. Supreme court has barred the transfer and sale through POA just inquire the same in your sub registrar office

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

Notarised GPA does not confer title to property 

 

2) ti confer clear and marketable title sale deed has to be registered 

 

3) notarised sale deed does not confer title to property 

 

4) it is necessary to peruse documents mentioned by you to advice further 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

 

as mentioned earlier notarised sale agreement does not confer title to property 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

 

don’t purchase the property. Title is not clear and marketable 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Hello,  

I would advise you to get in touch with a local lawyer and ask him to get a title report of the property along with the encumbrance certificate.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Based on this document you may decide

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) The document is between buyer and seller for consideration paid for specific property mentioned in it and its valid between party and not by government unless n until registration and stamp duty is paid to government as per registration and stamp duty act. 

 

2) This is just document and incomplete document. Plus its not authentic document, to complete authentic  documentation it should go from three - four acts like Transfer of property act, contract act, registration act, stamp act. and every act is interrelated to each other,

 

3) In your case it's just followed contract agreement rest all act points are ignored till date.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The notarised GPA is not the title document.

If your buyer is having a registered sale deed on his name and if he had bought the property from the person who was having proper and marketable title, then you may produce all the relevant documents before a local advocate and obtain a legal opinion with recommendations to buy. If it is recommended you may proceed with the purchase.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

Without perusing the documents, no legal opinion can be rendered to your question, it would be misguiding

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

The notarised GPA document or sale deed is not valid and you may have to exercise abundant caution before buying it.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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