1) is GPA registered .?
2) if so mother can sell flat on basis of Special power of attorney given for sale of flat
3) I presume transfer of flat has already been done in name of mother and daughters
Buying property from GPA and register sale deed
I am planning to buy an apartment from a family Mother and 3 daughters ( each has 1/4 share in the property ) the 3 daughter have given mother the GPA to sell they 1/4 share Can I buy this apartment from the mother and will my sale deed be valid/ registered if the mother signs on sale deed as GPA for 3 daughters Your valuable advice is appreciated
Asked 5 years ago in Property Law
Religion: Muslim
13 Answers
If the GPA is registered than you can purchase the apartment otherwise not.
Try to make sale deed where all daughters name are included.
Yes sir The property is in name of mother and daughter in previous sale deeds since 2013, the GPA of daughter residing in india is registered and 2 daughters in abroad have given gpa that has been adjudicated in the register office Will it be leagal basedon this to proceed with the purchase
Asked 5 years ago
in such case mother can execute sale deed on behalf of daughters as she has registered POA
for sale of property registration of POA is mandatory
1. Get the GPA reviewed by a lawyer to ensure that it has been stamped adequately and is registered and confers specific power to sell on mother.
2. If GPA is in order then you can buy the property.
Purchase of property thru GPA is valid if GPA is duly registered and stamped.
Dear client,
Sale valid via GPA. Go ahead.
- As per the information mentioned in the present query and the subsequent query too, makes it clear that the property is in the name of the mother and daughters have given GPA in favour of the mother to sell the property to someone on their behalf/ share also.
- As per the resent judgment of Hon’ble Supreme Court of India, GPA or POA or SPA would not be deemed to be legal for any transaction with respect to the immovable property.
- But, an exception is there place by the Apex court of law, as only close relatives can executed the GPA etc. in their favour like mother, father, sister, brother.
- Still, I would suggest tu to see in the registrar’s office after paying a nominal fee as to whether the property is free from any other incummberance or not.
If the GPA is registered then it is valid
Yes if mother has GPA from the three daughter then she can sign on behalf of the three daughters and can further same can be registered it shall be valid
Yes the GPA are valid and the transaction shall be valid however for daughters who has given GPA ask for a living certificate then go for sale,
If the GPA deed is a registered document and there are no other issues with the title confirmation to the property, you may obtain a legal opinion from a local lawyer and proceed if recommended.
If the GPA deed had been adjudicated and the local GPA is registered then the seller has power to sell the property on behalf of the principals/joint owners also.
You may obtain a legal opinion to confirm the title and other legal issues before finalising the deal.
From the facts stated, the GPA appears to be in order. Please ensure that the GPA has not been revoked, and remains in force as on date by checking the fact with the registry, before signing of the sale deed.
