See since the transfer has crossed limitation period though for clear title you need GPA as without it chain documents will not be complete. See you can purchase the property but in case you go for bank loan bank may deny for same.
Venkat obtained a unregistered GPA from his mother in 1989. for house no 14. Venkat executed a registered sale deed to Surya in 1989. The Surya expired in 2011. Khata is transferred to Surya's wife. Property tax is paid so far. Surya's wife is selling the property. The GPA document is NOT available and not registered with sub registrar office in 1989. Can i purchase this property?
See since the transfer has crossed limitation period though for clear title you need GPA as without it chain documents will not be complete. See you can purchase the property but in case you go for bank loan bank may deny for same.
At the time of 1989 registration of GPA for the purpose of selling immovable property was not required.
So apparently Surya had a good title and on his death , if intestate, the property devolves upon his legal heirs which include his widow and children.
So while purchasing the deed you need signature from all his legal heirs. Mere khta standing in the name of his widow does not make her sole owner of the property.
Do get all the papers checked by a local advocate.
The GPA document and the original sale deed or the parent title document of the principal of this GPA agent is essential to verify before venturing into the purchase of this immovable property.
You can ask the vendor to produce the complete set of documents otherwise do not proceed with the purchase.
Even though the GPA deed was an unregistered document, since the sale deed was made on that basis, it is essential to produce the same by your vendor.
You may obtain a legal opinion to the property from a local advocate also before buying the property.
No. Power of attorney must be made available. It must be witnessed signed and notarized. Registration is not compulsory but is regarded as safe for any future dispute.
One point must be noted that it is irrevocable in nature.
1. It was not compulsory in 1989 to register the GPA.
2. Even though Katha of the house is in Late Surya's wife, it is to be ascertained, whether Surya had executed a WILL for the property or he died intestate (without executing a WILL). In case, Surya died intestate, then what about the rights of his child/children, which has to be ascertained.
3. It's recommended to get the property papers verified by a Lawyer, before entering into an agreement with the seller.
Unregistered GPA doesn't sound good. Avoid GPA based transaction.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
You can but also take an indemnity bond. Also check for any encrumbances in the same at the sub registrar office. It is always a risk to take property with improper documents
The said property was transferred in the name of Surya's wife through pavathi khatha. No dispute about the GPA, nothing to worry if you have copy of the same, it is enough. No problem, you can purchase the property. All the best.
Here you can have mutation records from revenue department and Tehsildar office.
In revenue department of state you can find copy of registered GPA
The seller doesn't have the unregistered GPA document seems she misplaced/lost. In EC, NIL transactions from 1989 to till date(upto 30 years) except the sale deed of 1989. That is since 30 years they are staying at the property. Do i need to ask her to provide any alternative document or any other way to be safe legally? Note: But, I've mother document from 1970 that is, the original owner was Abaya reddy who sold to Rathnamma in the year of 1989 and Rathnamma who gave GPA to his son Venkat.
Then it's a bad deal to proceed with as it's not sure tmrw anyone can claim the said property putting you to risk of litigation
If you have all property papers than you can including as history in your sale deed and get registered same and pur clause if any one comes from Rathnamma side to ask any share the whole responsibilities of seller.
There is no other alternative of unregistered GPA ONLY.
The documents available so far is evidently makes out a good title.
You can take an indemnity bond and an An affidavit and police complaint of the lost general power of attorney document.
It is just a miss in chain of documents, since GPA was without consideration, so no complications. Ask the seller to file missing report of GPA. Original sale deeds are major documents, detail of lost unregistered GPA must be in sale deed, no complication in purchase.
If the seller has lost the GPA deed, let the seller file a complaint with the police, get a non-traceable certificate, publish about the loss of the deed in a newspaper as a public notice, get an affidavit to this effect and also an indemnity bond indemnifying against any loss in future, if there is any litigation in this regard.
After that you may get an opinion from a local advocate about the property and then proceed if recommended.
Dear Sir,
Purchase of every property have some risk factor. Please show all the documents to for form legal opinion. The view of experts is different. The contents and recitals of each document to be reviewed.
Registration of GPA was not mandatory in 1989
what was required was it it should be stamped and notarised
original GPA is required to confer title to property
an unregistered power of attorney is not valid in case of immovable properties.
With respect to the power conferred that being an unregistered power of attorney, it could not operate to confer any power to sell property
Dear client
If the khata is on name of surya's wife and she is selling the property and was living on that property from last 30 years then you can go ahead with the purchase but for that you can check it with the office of sub registrar that will the register the sale deed of the property on surya's wife as seller and you as buyer.
1989 sale deed is in public record
so you can buy
however do issue public notice in 2 local newspapers informing about the intended purchase before you enter into any purchase document with seller