• E katha

In whose name will the E-katha be issued when the property dealing is done by a legal GPA holder - will it be in the name of the owner or GPA holder

I am planning to purchase a site in Grampanchayath limits. The current owner had authorized his GPA to purchase the site on his behalf in 2010. Now, before selling the site to me, I have asked for e-katha to be made and since the owner is present here I have requested that the owner himself signs the deed at the time of registration. Please let me know if this is possible.
Asked 4 years ago in Property Law
Religion: Hindu

4 answers received in 2 hours.

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12 Answers

Hello, 

1. The E katha should be issued in the name of the actual owner/principal.

2. It is possible if the owner is present as the POA is  a representative authority in the absence of the principal. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

It would be done in name of owner 

 

GPA holder is merely authorised to act on behalf of the principal ie owner 

 

owner can execute sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

1. The e-Khatha will be issued in the name of the Owner only and not in the name of the GPA holder.

2. The Owner only has to execute the Sale Deed in your favour and then only it becomes a valid transfer of the property. The Hon'ble SC has held that the transfer of property cannot take place through Power of Attorney.

 

Shashidhar S. Sastry
Advocate, Bangalore
5110 Answers
314 Consultations

5.0 on 5.0

It will be in name of Owner , GPA is just agent of the owner.

Yes since owner is there he shall sign the deed in presence of owner sign from GPA is not required. Also the precious GPA was for purchase so owner only have to sign .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi, The owner name must be appeared in the E-Katha.  If the owner personally comes for execution of the Sale Deed then it is always better. It is my kind advice to you get legal opinion from the advocate and proceed to buy the property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Owner.

GOP holder is only acting on behalf of owner,. Whatever GPA holder will do, biding on owner. If owner is preset, he can sign or even GPA holder singed than also no difference.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

E-khatha can be made in the name of your owner if GPA is cancelled.

After purchade through the owner , you can insist for E-khatha in your name. Normally if properties is purchased through GPA the e-khatha will be in the name of owner only and not in the name of GPA.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes owner can sign the registration documents as seller. 

E-khata will be on name of owner and not on GPA holder. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

consult a local advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

It can be only done on owners name. Gpa holder is only medium

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

- A E-khata is a legal document that assesses a property located within the jurisdiction of Bruhat Bengaluru Mahanagara Palike.

- The E-Khata certificate is issued to the owner of the property only, and not to the GPA holder.

- Hence, for a valid transfer of the property, the owner should execute sale deed /transfer documents.

- So, your request for same is correct and legal.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

The khatha transfer will be done on the name of the owner only and not on the name of the GPA holder

The GPA will become infructuous after the assigned task is completed by the GPA holder.

As per the GPA, the holder is authorised to buy the property, after that the holder of the GPA has nothing to do with the property or in any further transactions until he has been freshly authorised by a new GPA deed.

Therefore you can ask the property owner to execute the registered sale deed directly in your favor and not through the GPA holder.

 

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

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