• Can we sell the property registered under GPA

my relative is trying to sell a plot in Bangalore. I need some clarifications

The plot is a agricultural land under survey No.80. and registered to party A in 1946. 

Party B got the plot from Part A by GPA and the plot no is mentioned as 80/1 in 1985

Party B sold the Plot to Party C by registered in registrar office in 1986.

BBMP betterment charges are paid, and electric connections have been taken.

01. My question is that the party C don't have any documents to show the change in survey number from 80 to 80/1.

02. will not there be any problem for the buyer in future as the plot was transferred by GPA to the Party B.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) A had executed power of attorney in favour of B on said basis B sold it to C by registered sale deed 

2) C would be absolute owner of said agricultural land and can sell the said land . 

3) as far as change in survey nos are concerned deed of rectification has to be executed by B for correction in survey nos of said land .

4) once deed of rectification is executed C can sell the agricultural land 
Ajay Sethi
Advocate, Mumbai
33552 Answers
1853 Consultations

5.0 on 5.0

1. The correct survey number can be identified by the village map.
2.  One has to check the mother deed to come to a conclusion.
3.  Whether the extant of land in Sy.No.80 when registered to party 'A' in 1946 is same as that of in Sy.No.80/1 when the plot was registered in favour of party'C'.
4.  Perhaps a layout might have been formed in the same Sy.No.80 and the Plot Number 80/1 may be one of the several plots under Sy.No.80.
5.  Transfer of Property can not be effected through GPA, as per Supreme Court guidelines in its order in 2011. However since the party 'B' got the transfer of property from party 'A' through GPA way back in 1985 and subsequently the mutation of the property might have also been effected by virtue of GPA, there will not be any problem for the buyer, because the SC judgement is subsequent to the execution of GPA in this case. However it is better to show the documents to an Advocate and take his opinion, whether to go ahead or not regarding this property.
Shashidhar S. Sastry
Advocate, Bangalore
1446 Answers
89 Consultations

5.0 on 5.0

1. Without the correct survey number being reflected in the records the property is not capable of being identified. So any wise buyer would not like to buy such a property.

2. Tell your relative to take the necessary steps by writing to the tehsildar to get the correct survey number incorporated in the records. 
Ashish Davessar
Advocate, Jaipur
20704 Answers
548 Consultations

5.0 on 5.0

Hi, For giving opinion on the above facts we need to verify the entire documents so that we can give you proper opinion.

2. Normally landed is phoded so new survey Number has to be added i think you have to verify the Survey records, tippani copy so that you can get how new survey number will come. 
Pradeep Bharathipura
Advocate, Bangalore
4360 Answers
175 Consultations

4.3 on 5.0

1. In the year 1985, registration of property through registered GPA was perfectly valid,

2. You shall have to confirm whether the Survey no. has been changed by the authority or there was a mistake committed by mentioning survey no. 80/1 in place of 80 while registering the GPA,

3. If there was a mistake committed while registering the GPA, register a rectification deed,

4. In case the registrar refuses to entertain the said rectification deed, file an application before the court praying for declaration that inadvertently  80/1 has been mentioned in the said GPA and all other subsequent records as survey number which is actually 80, and also a direction upon the registrar to rectify the istake in registration dosuments accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
14876 Answers
350 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer