Dear All, My mother purchased a flat at lajpat nagar-2 in the year 2000 by executing GPA/SPA. Now my question is whether we can execute the sale deed and register the property? The facts of the property are as under: 1. The land on which was flat was build up was purchased in 1986 on lease hold basis by the first party, and thereafter it got freehold. 2. Then first party entered into collaboration agreement in 1996 with builder through which all the rights relating to two floors were given to builder 3. Builder then transfer the property by GPA/SPA to second party in 1998. 4. Again second party transfer all their rights to us through GPA/SPA in the year 2000 Till then we are holding the property, now we want sell the property, so my question is how can sell it is there is anyway out through which we can execute sale deed.
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Firstly, the seller from whom you bought the property should approach the builder to execute and register sale deed in you favor, upon which you will be free to register sale deed in someone else's favour.
Without that, you can only sell the property through another GPA.
Dear Client,
Now penalty will impose while registering the sale deed and for that previous owner presence also require. If you want to sell the property than no issue. It can be sold via GPA. Hope you have all previous documents (Chain of documents) .
You don’t have clear and marketable title to property
2) builder should have executed sale deed in favour of second party
3) POA holder cannot further delegate unless there is specific clause to that effect in POA
4) sale deed should be executed in your favour duly stamped and registered
1. ANY & ALL transactions of "immovable properties" based on GPA /SPA /POA are legally null & void, as per a SC judgement.
2. Presently a duly stamp duty paid & registered Sale Deed, can executed between "ALL" former interested parties under mutual consent signatures as "consenting confirming signatories".
3. The above would be more than sufficient for all futuristic legal purposes, for Sale /Transfer /Gift /Mortgage /whatever....
Actually supreme court has barred the sale of property through GPA. Its not legal anymore
If the builder executes the sale deed the GPA holder will have no role to play. So better execute sale deed through builder.
Well, had this been the situation in recent time , more so, after the passing of Sooraj Lamp decision by the suprme court , the transfer would have been illegal.
Since you got the title on the basis of GPA long ago, the title is otherwise legal and before further complications arises sell this property which you can very well do now.
A GPA cannot execute GPA to another person on the same property.
GPA is not a title deed.
Your mother can execute a registered sale deed in favor of a buyer provided the original principal is alive now.
