No GPA won't safeguard from selling as principal can himself after gpa also can sell the property. No case at this stage is maintainable registered sale agreement shall safe guard your rights.
GPA validity
Hello all, I am trying to register a property towards which I have already made a sale agreement and paid about 40% of the amount. To prevent the owner from committing fraud by making further sale agreements on the same land, what are my options? Does paying 5% stamp duty and taking GPA safeguard me? Or do I file a case in the court against the possibility? Recommendations?
Asked 6 years ago in Property Law
Religion: Hindu
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15 Answers
GPA cost half stamp duty of sale deed. Execute GPA with consideration.
Why you want to pay 5 per cent stamp duty
2) if seller refuses to execute registered sale deed then your option is to file suit for specific performance
3) also case of cheating against seller
Even if you take gpa he can sell the same. You can register the same to secure it. You can also execute indemnity bond
With the GPA registered in my name, will it prevent the existing owner to carry out multiple third party transactions? Further, can I register the property as GPA holder while also being the Buyer without the actual seller assuming all considerations amounts have been paid? Will filing an injunction in the court help voiding other third party sales if it should ever happen?
Asked 6 years ago
How can you file suit agasint him without any wrong been done. Execute GPA with consideration.
1. To prevent the owner from committing fraud by making further sale agreements on the same land, call the owner and immediately register the Sale Agreement in the jurisdictional Sub-registrar's Office.
2. By doing this, anyone who obtains the Encumbrance Certificate for the property, it reflects the ongoing transaction between you and the owner of the property. Any prospective buyer will definitely have a look at the EC before moving ahead.
3.By this way you can safeguard your investment over the property.
Mere execution of GPA would not prevent owner from selling the property
2) filing suit to set aside fraudulent sale deed executed by seller would be necessary to protect your interests
Hi, mere on the presumption that he may commit a fraud , no restraining order can be attained from court ..It is advisable to execute the sale deed as soon as possible
No even if there is GPA same shall not protect you in any way.
Further register the agreement of sale to protect after payment make a sale deed.
No injunction order is maintainable in this situation.
Register sale agreement.. It obligates the buyer and seller that throughout the sale process they must follow the terms and conditions mentioned in the agreement for sale until the registration of final sale deed gets registered.
Yes he can have multiple sale transaction. Now supreme Court barred transfer and same through gpa.
1. What have you paid stamp duty on if the sale deed has not been executed yet?
2. You have entered into an agreement to sell which is the charter of rights and liabilities of both seller and buyer. You just cannot file any suit in any court on the basis of conjectures.
3. If seller commits fraud then you can avail your remedies.
4. Many sellers create multiple third party rights even after entering into an agreement to sell with one party.
Dear Sir,
To avoid any further transactions get your initial transaction of sale agreement entered in Encumbrance Register maintained by Sub-Registrar’s office. If it is a agricultural landed property then get it entered in Column No.11 of RTC. As per 2011 Supreme Court Judgment GPA sales are not valid.
If you have entered into a sale agreement with the owner by a registered document, then you dont have to be worried about the land owner's further activities in this regard, he cannot enter into any sale agreement with any other person during the subsistence of this sale agreement, if he does he will be answerable to court as well as to that third person which will be a criminal offence as well.
The GPA is not an authority, if the land owner decides to sell the property secretly then this GPA cannot come in his way to stop him from selling the property fraudulently, you may have to fight it out legally through court, hence it is all the same.
The court may not entertain any injunction suit in this regard if your file just an injunction suit while the sale agreement is pending final sale deed registration, the court may ask you to file a suit for specific performance of contract if the land owner refuses to execute the registered sale deed in your favor.
What is your advocate's opinion on this.
The GPA is not an authority, if the land owner decides to sell the property secretly then this GPA cannot come in his way to stop him from selling the property fraudulently, you may have to fight it out legally through court, hence it is all the same.
The court may not entertain any injunction suit in this regard if your file just an injunction suit while the sale agreement is pending final sale deed registration, the court may ask you to file a suit for specific performance of contract if the land owner refuses to execute the registered sale deed in your favor.
What is your advocate's opinion on this.