The title seems defective as the landowners should be made party. This issue can create further problems for a effective title at hand
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GPA holder has executed the sale deed of a plot to the purchaser
Hello Everyone, I am planning to buy a residential site (1200sq ft) in Bangalore, which was allotted to the seller by HMT Employees House Building Co-Operative Society in 2003 This layout has been formed in 8 acres which was owned by 3 different land owners, the land owners gave a registered GPA to the builder who formed the residential layout, who later gets into an agreement with the HMT Employees House Building Co-Operative Society for selling the sites. The sale deed has been executed on June 2003 to the site allottee by the GPA holder (Builder) and the HMT Society signing as the Confirming party, but there are no signatures from the Land Owners (It's mentioned they have been represented by the GPA holder). Is this property valid to buy? Please please let me know for any potential risks here. Thanks a lot.
Asked 6 years ago in Property Law
Religion: Hindu
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14 Answers
This may be a joint venture where builder and land owners made a contract and LO provided GPA to builder to sell his share of flats.
Ask him to provide JV agreement, get legal advise on that, than purchase.
In such cases, same procedure follows, sale through GPA given by LO.
Yes it is valid to buy as land owners gave there GPA to the builder and he executed same. If there is no Dispute on GPA and it is valid GPA then you can go ahead and purchase it there is no risk, further apply for bank loan they wil, scrutinise the documents carefully and it would be better also.
1)once GPA has been executed by landowners in favour of builder signature of land owners is not necessary
2) you can purchase the property
Bill before getting into this transaction you must ensure that GPA has all the valid agreements between the landowners to the society and then to the builders if society is authorised by the land Honours to act on their behalf then there is no problem as such to go for this deal
Dear Sir,
Once GPA is executed by the owners they are not supposed to sign. Please show all the documents and full fledged opinion. On superficial it a site having marketable value and can be purchased.
No signature of landowners required when they have given the power of attorney to builder.
In my opinion, the property is valid to buy. However, a photo/xerox copy of chain of title -
1. chain of title documents in favour of land owners
2. Gpa in favour of builder
3. Agreement with HMT
be obtained from them and get it verified from local advocate dealing in property matters before entering into any sale documents.
If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed.
Since the landowners have already executed a registered GPA deed in favor of the builder and they have in turn sold the property to the prospective buyers through the society, it is legally valid.
However without seeing the relevant documents no further concrete opinion can be rendered hence you are advised to obtain a proper legal opinion from a local lawyer for his opinion and recommendations.
it is correct subject to that the GPA contains the right of sale by the GPA holder. please go through the GPA.
Yes you can go ahead with the purchase of the property.
A sale done through a registered GPA is valid.
Dear Lawyers, While I was checking for RTC of this survey number 27, on the RTC copy I see under column 11 “Rights and Liabilities” there a mention of RRT(Y)194/14-15 dated 23/02/2015. What does this legal document refer to? I am keen to understand what is this? Please advise.
Asked 6 years ago
It may be any encumbrance in the property
This is revenue case number filed on said survey.
You can obtain details of said document from survey office