• Notarized GPA document is missing and I need to sell the land

I have a land of 150 sq yard in Nangloi Delhi which was purchased by my mother in 1988. My mother has lost property chain documents and original GPA but we have photocopy of our GPA and original sale receipt which is registered and legal possession of the land for the last 30 years. Land is not disputed and we have clear possession of the house but our papers are weak.

How can I sell the land by registering it legally at sub registrar office in the favor of buyer?
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

See you need to have the land recovered that is previous mutation a FIR and newspaper publication for lost documents need to be filed further the copy of sale receipt and GPA can be used to make a registered sale deed in favour of buyer.

If in case sub registrar refuse to register same you need to go for declaration suit for clear title over the property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear client,

Property can be sell, no issues. But if apply for bank loan than, it will be problem. Get the certified copy of documents from sub registrar office and file missing report to police. 

Yogendra Singh Rajawat
Advocate, Jaipur
22595 Answers
31 Consultations

4.4 on 5.0


1)Since from the date of purchase you are in peaceful enjoyment of the property as absolute owner. Till today no one has questioned the Sale Purchase nor any one has challenged the said GPA is not valid. Therefore your absolute possession over the said property is proved. Therefore the said GPA is not required. 

2)As you told you has lost GPA, for safety purpose you can file a complaint in jurisdictional police station informing of missing of GPA. This is only to maintain the record track. 

3)One the sale is took place, the purpose of the said GPA automatically become end. After the sale purchase you are become the absolute owner. For verification of tittle over the property the buyer may demand the same. Other wise not required..

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Using the registration number of the earlier sale agreement, take out certified true copy of the agreement, from the office of the registrar of sub-assurances.

2. Based on the above and a Indemnity Bond (and possibly a newspaper nptice), the property can be sold /gifted /transferred /leased /mortgaged /whatever.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

As the GPA was not registered back in 1988, you cannot obtain a copy of the same from the sub register office due to non registration and in absence of the original notarized GPA selling of the property would be a great hurdle for you, so in order to overcome that you will have to find the suit for declaration in civil Court to declare you as the sole owner of the property.

 

After getting a declaration decree from the court, you would have no trouble selling the property.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1) you can indemnify purchaser in event of any claims made by execution of indemnity bond 

 

2) sale deed can contain indemnity clause 

 

3) apply for and obtain certified copy of documents of title from sub registrar office 

 

4) file FIR about loss of original documents 

 

 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Dear Sir,

Your's papers are not weak,  you can get certified copy of GPA if it was registered one.  It it was not registered it has now consequence since  it has been acted upon and sale deed already executed.  Such deed cannot be called as link deed unless it is registered deed.  In this background you should not disclose your weakness before the buyers and only troublesome buyers look into such minute details.  Please approach other buyers and sell the property for higher rate.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

If the buyer is ready to purchase the same then you may go ahead and get the same registered.

If you have lost some registered documents then you may procure the certified copy of the same from the office of the registrar. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can get the duplicate document from the registration office and as your GPA is not registered you may not be able to get the copy of that.

You can make sale of the plot on the basis of duplicate documents

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

get the registered certified copy of the same from the sub registrar and you can proceed with the same with a indemnity bond. You can also confirm the title by filling a civil suit for the same

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

You should be aware that the GPA deed is not a title document.

The original registered sale deed in her favor shall be sufficient for her to execute the registered sale deed in favor of the prospective buyer.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1) You have to get Mutation papers of property and on that basis prepare legal papers of property.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

As far as think, registration of property is not open in nagloi, if you want to transfer the property to buyer. You have to opt for same GPA, will mode etc. You can contact if need further information. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

Can get a duplicate copy with attested by the sub registrar on the basis of the photocopy.  first of all you should file a FIR for The Lost of document there after approach the office of Registrar for issuing attested duplicate copy of the documents. When you get the  attested duplicate copy of the documents there after you can sell the land to anyone without any  hurdle.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

With document number, you can apply for Copy of document and sell to the buyer. Generally original documents are important in view of any buyer. 

Otherwise ask your mother to give settlement deed, so you get the original document on your nme, which adds value to the property

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

1. At the time of sale the original sale deed is not to be submitted to the registrar. You require the original deed only to convince the prospective buyer about your title to the property. 

2. Obtain a certified copy of the GPA from the office of sub-registrar.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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