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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?
Asked 9 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

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. 

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

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. 

 

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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. 

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
2373 Answers
157 Consultations

5.0 on 5.0

Unregistered GPA doesn't sound good. Avoid GPA based transaction. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1671 Answers
8 Consultations

4.9 on 5.0

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

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

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. 

C. V. Jadhav
Advocate, Bangalore
543 Answers
17 Consultations

4.7 on 5.0

Here you can have mutation records from revenue department and Tehsildar office.

 

In revenue department of state you can find copy of registered GPA

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

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

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

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.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

There is no other alternative of unregistered GPA ONLY.

The documents available so far is evidently makes out a good title.

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

You can take an indemnity bond and an An affidavit and police complaint of the lost general power of attorney document.

 

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

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.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

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 

 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Don’t purchase the property as original GPA is missing 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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 

 

Yusuf Rampurawala
Advocate, Mumbai
4858 Answers
29 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the GPA was unregistered but the sale deed must have had been registered before the registrar’s office.
  2. You should go ahead and buy the property without any hassle as the sale deed is itself a proof of ownership by the present owner.
  3. GPA is just the power confirmed upon someone to execute any document, but not the sale deed in its nature.
  4. So, sale deed is self sufficient for you to buy the property showing the long possession over the property by the present owner.
  5. Rest, you are free to call me at any time for details discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5036 Answers
11 Consultations

5.0 on 5.0

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