contact the seller A and B and ask them to execute deed of confirmation of sale in your parents favour
2) deed of confirmation should be duly registered
GPA (General Power of Attorney)
My father purchased a plot int he year of 1994, from A and B was his husband,the sale agreement was done in Canada, the sales agreement is attested by the Notary in Canada in the year 1994 for the safer side my father also took the GPA from A on the Name of my mother,we also have full and final Payment receipts from A & B, A also gave one GPA to B when she in India, We also took one Affidavit from B regarding the Full and final payment and Affidavit from B, We were not aware that the said GPA need to be Embossed in India but we submitted the copy of GPA to the department in the year 1994.After that we had initiated the Construction and we did the work over their till date and the department was also corresponding with us regarding all the requirements, And now we sold out this plot to C, Now department is saying that the GPA was not embossed for the transfer of plot, and we need to emboss the GPA for the transfer and from whom we have taken the plot is not in touch with us, and apart of this the plot was lease hold fro 99 years, when we came to know reg the embosment then their was a Income tax search took place and al the property docs were taken by them and we got the docs after Dec 2018. So please guide and consult us what should be the step forward in order to resolve the matter.
Asked 6 years ago in Property Law
Religion: Sikh
9 Answers
1. IF the original POA was duly attested by embassy in Canada, THEN affix 500/- court fee stamps on the original POA and give it to office of the registrar of sub-assurances, for registration. Do this thru a local stamp duty agent PERIOD.
2. Nothing more is required on the above.
For not registering GPA in India within 4 months of it`s execution, it has become invalid. Can try at sub registrar office, if they allow registration by imposing penalty.
Whatever documents executed in CANADA and not registered in India are now invalid. Remedy of last resort, declaration order of sole ownership from court on the basis of payment made towards purchase.
A also gave one GPA to B when she in India -- WHAT is this ? A authorized B to sell on her behalf ?
You need to approach the court in this case if the said seller or his legal heirs are absent
The GPA given to you in 1990s can not be stamped or adjudicated anymore.
So effectively you can not sell the property anymore on the basis of the said GPA.
If you wish to sell the property then you need either a deed of sale registered in your name or a fresh GPA notarised in abroad but stamped in India.
You did a mistake by not correcting the document for long. Now you can only enjoy this property or give it on lease .
You cannot gat the embossing here in India, since the GPA was done and notarised at Canada.
You may have to locate the Notary at Canada and also the party which sold you the property and get the desired task completed.
If that is not possible then you may have to file a suit for declaration of your title on the basis of the documents in your support and adverse possession of property.
You may discuss with your advocate on this and get an idea about it and may proceed on a better suggestion given or on the lines that have been suggested by various lawyer of this forum.
reach seller and execute deed of confirmation.
You cannot sell property without getting sale deed for declaration decree from court.
As the previous owners cannot be traced now, only remedy left is to approach civil court by way of a suit for declaration to declare you as the sole owner of the property by way of adverse possession and on the basis of the documents in your possession.
Dear client
You should approach the revenue department of chandigarh for embossement of the GPA with all the documents of property which you have with you along with agreement made in Canada.
