See if Mr. A further gave POA to the Mr. B and based on same if Mr. b sold the property to C then the transaction is not valid as Mr. A was a GPA holder and he cannot further delegate or assign to Mr. B.
Sale deed execution from notarized GPA holder
In the year 1987, a family members from main land owners execute General Power of Attorney to one of their family member to Mr A in the form of notarized GPA giving all rights to make a layout and sell the plots. Mr A sells one of the plot to Ms B through GPA in 1988. Since then Ms B will be paying property taxes up to date which will be on her name. In the EC it will be showing the name of Mr A & represented GPA holder Ms B. In the year 2013 Ms B execute register sale deed to Mr C. Since buildings have been constructed in all the plots except 2 or 3 is vacant plot. After 2013 to till date in the EC it shows the name from Mr A & Represented GPA holder Ms B to Mr C, in the BBMP B Katha it shows katha extract from Ms B to Mr C. Can Mr C execute a sale deed to any third party... will be valid or translation between Ms B to Mr C is valid
Asked 7 years ago in Property Law
Religion: Hindu
13 Answers
On basis of GPA did A execute registered sale deed in favour of B kindly clarify
2) if so then B could execute sale deed in favour of C
3)
Delegatus non potest delegare
power of attorney holder cannot further delegate power to third party
4) only in case where there specific provision in POA authorising him to delegate can POA further delegate
First of all the notarised Gpa is invalid in eyes of law. It has to be registered. All subsequent transaction from it are invalid.
Dear Sir,
It is a valid transaction on the facts mentioned by you. But be sure that all the link documents are verified by an experienced legal expert. Otherwise there may be some trouble to you in future. Family to be taken. SC/ST lands to be avoided if they were grants and sold within stipulated period.
Its a self-acquired property of person.The documents have to be seen before any advise.
1) If the mutation documents shows now it's transfer title from Ms B to Mr C, than current owner is Mr C.
2) Mr C can execute a sale deed to any third party.
Mr A as notarized GPA & one of the family member of the property, sold one of the site in the layout to Ms B through notarized GPA executed in 1988 in Bangalore.During transcation in 1988, Mr A executed 3 documents to Ms B, 1. Kraya pathra( purchase agreement), 2. Pranama pathra(Affidavit agreement) & 3. Notarized GPA. In these agreements it has mentioned that Ms B has paid sum X amount to Mr A for purchasing the property & also mentioned that since the registration has stopped by government during that period, Mr A has executed notarized GPA to Ms B by recieving some X amount from Ms B as mentioned in agreement. Also Mr A declares from that day onwards Ms B has all the rights (construction of buildings, paying taxes, bills, registering, gifting, etc.) related to that property. Further Mr A declares in the future if Govt opens the registration, he will come & register the same to Ms B with all the expenses related to registration of Ms B without any demand as already he has received the amount & if Mr A fails to do so, he will pay all the damage occurs to Ms B. But in 2013 Ms B executed sale deed to Mr C. In the sale deed first displays Mr A as vendor following Ms B as his represented GPA holder favouring to Mr C. and only Ms B signed the deed. Ms B don't have any information on Mr A. 1.EC shows Mr A & his represented GPA Holder Ms B till 2013. 2.Property taxes on Ms B name from 1989 to 2013. In 2013 Ms B execute registers sale deed to Mr C, then 1.EC shows from Mr A & his represented GPA Holder Ms B to Mr C till date. 2.Property taxes on Mr C name from 2013 to till date. 3.Katha extract shows transfer from Ms B to Mr C from 2013. Is this below points are valid.. 1.In 1988 notarized GPA Mr A executed notarized GPA to Ms B. 2.There is no sale deed happened between Mr A to Ms B. 3.Ms B executed registered sale deed to Mr C without Mr A sign in 2013. 4.Whether Mr C have a rights to execute sale deed to any third party. 5.What if Mr A was expired
Asked 7 years ago
1. See the title of the property is not clear in case , Mr. A being agent himself of the family cannot further make a GPA. So the GPA is not valid.
2. Since the title is not clear either Mr. A and family has to execute confirmation Deed in favour of Mr. C or a declaration suit has to be filed in civil court.
3. In case Mr. A expire legal heirs of A and other family members has to execute confirmation deed.
Unless any person challenges the same on point of notarised Gpa. Otherwise c will have rights to execute sale deed as he has registered title.
C does not have right to execute sale deed to third party
2) title is not clear and marketable as no sale deed was executed by A in favour of B
3) A was only POA holder and could not have e ecuted further POA in favour of B
1) Here you concern look like that GPA Mr executed notarized GPA to Ms B.
Yes, as you stated above that legally "Mr A declares from that day onwards Ms B has all the rights (construction of buildings, paying taxes, bills, registering, gifting, etc.) related to that property."
So, all rights are inherited to Ms B and title on her name this is sale deed document by way of GPA, need to check whether they had paid stamp duty and registration charges this document must be missing, in meanwhile after 1988 to 1992 in that period new document may have registered with the registrar.
Kindly check this document whether the stamp duty and registration fees are paid or not ?.. If paid than its sale deed document no matter it heading is not mentioned as sale deed, but the body part wording are same as sale deed.
transfer from A to B is not valid as it should have been only through a registered transfer deed and not by a GPA
Therefore B could not sell to C as B's title was defective. Thus C's title is also defective and he cannot sell to a third party
C can execute the registered sale deed to anyone who intends to purchase the plot.
However it is advisable to procure proper legal opinion from a local advocate.
C has rights to sell the property to anyone.
However the principal is died then the GPA given to C shall be automatically revoked.