• GPA holder

Hi i am purchasing a plot from a governement employee where he had purchased a plot from his uncle 35years back but could not made sale deed but had done gpa registered in sub registrate office so can i make sale deed with him only
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

1.  According to a Supreme Court judgement, GPA agreement for "immovable property" is illegal and null & void for all legitimate purposes.

2.  Further it is mandatory that every Sale Deed should be Stamp Duty paid and Registered, for future Sale /Gift /Donate /Mortgage /Transfer /whatever .... otherwise such GPA properties are classified as non-clear-title properties.

3. IF original property owner (uncle) is available, THEN execute Sale Deed, wherein the existing property holder and the original property owner, should sign as  "Confirming & Consenting parties", to make this a legitimate transaction.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

On basis of registered POA employee can execute registered sale deed in your favour 

 

2) I presume uncle is still alive 

 

3) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Supreme court has barred the GPA transaction of sale in its latest judgement. You need to take care of the same before purchasing the same. As he doesn't have a sale deed therefore you will also receive a defective title in the said transaction

Prashant Nayak
Advocate, Mumbai
34521 Answers
249 Consultations

If the person has executed the GPA with a right to sell and receive the consideration of the property you can buy it with proper Registered Sale deed. It is required to look into the terms and conditions of the GPA executed.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir the title of property is not clear I would not advise you to go for such sale.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If GPA is irrevokable with consideration and stamp duty paid than can purchase. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir

Buying property through General Power of Attorney or GPA

The Honorable court has held that when someone transfers any immovable property through GPA, it does not convey any right or title or create any interest in respect of such immovable property in favor of such person as only a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, does so.

No property sale on power of attorney: Supreme Court

 

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

 

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Yes, you can make tripartite agreement and and uncle or his legal heirs to come for signature at the time of registration in your sale deed.


Or need to check GPA made between seller and his uncle.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Sale through GPA is not a valid process. It is not advisable to buy the property. If you want to sale it in future the intending buyer may ask for sale deed. 

GPA is the process by which power is given to execute sale but the gpa itself can not be treated as an execution of sale.  Actually sale is not taken place. A power is given not the title to the property. 

So do not purchase such property.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. First take information whether the uncle is still alive or ot.

2. If he is alive then take confirmation whether the GPS is revoked by this time or not.

3. If his uncle is still alive and he confirms the subsistence of GPA as well then only go ahead with the deal.

4. Before purchasing though get title deeds checked by an advocate.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You have to make sure that the Principal is alive or not.

If the principal is dead then this GPA is invalid and stands cancelled automatically upon the death of the principal.

Therefore the GPA holder has no title to execute the registered sale deed in your favor, hence please confirm this and then proceed, but before that obtain a proper legal opinion from a local advocate about other aspects too.

 

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Yes if the uncle who have given the GPA is alive then you can purchase the plot from him also check if the GPA is valid or not which means if GPA has been cancelled then sale would become invalid.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

GPA sales from 2011 is banned by Supreme Court. Please take appropriate legal advise by showing all the documents to the local legal expert.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer