• Transfer of property title via Registered GPA

Owner A sold to B and B in turn sold to c. All were registered properly. All this happened till 1990. In 1991 “C” had executed Registered GPA with developer “X” to develop and with sell claw. GPA holder “X” sold to “Y” without mentioning the “C” owner name while executing registration to buyer “y”. The Current owner “y” holds the title and position since 1991 to till this time. Now Person “y” is selling property to me.
While tracing title the lawyer said, GPA holder “X” did a mistake without mentioning person “C” name. Now solution is rectification deed. But, problem is owner “C” and GPA holder “X” are passed away. So practically difficult to Execute the rectification deed now. Hence lawyer suggested, since the person “Y” is holding the position in his name almost from 30 years and has the khata in his name and paying property tax up to date and no suite from any one. The person “Y” can execute gift deed to his family member mentioning the owner name “C” and GPA holder name “X” and later I can get the registration done form gifted person.
My doubts.
1. The property title transfer by registered GPA holder “x” to current owner “Y” is valid via registered sale deed without mentioning title holder “c” name.
2. If first point is not valid does the original property holder “c” ‘s any of the successor like kids or wife can file the suite after 30 years of duration if I buy from current owner
3. If first point is valid shall I go ahead with buying from current owner itself without getting gift deed or rectification deed

Any other suggestions are also welcome
Asked 7 months ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Sale deed should have mentioned that C had executed registered GPA in favour of X 

 

2) claim of successors is barred by limitation 

 

3) act as per your lawyer advice 

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

1. See a suit for such rectification has to be filed as the Y was POA holder and he should have mentioned name of C as seller and then should have sold the property. Even if gift is executed this transaction will remain unclear only. Therefore the present owner can file a rectification suit making legal heirs of X respondents and can get order of the court. 

2 The transaction without mentioning original seller is not valid as X was actual seller. 

 

Shubham Jhajharia
Advocate, Ahmedabad
25463 Answers
110 Consultations

5.0 on 5.0

Mentioning C name was necessary but if X has introduced him self a POA in sale deed than no problem.  Showing X as seller/owner is wrong but can be managed now.

No need to execute any rec deed. Gift deed has no relevance.  Y can mention in sale deed that he purchased from POA holder of C and introduce C.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21073 Answers
31 Consultations

4.4 on 5.0

1. Making a "gift deed or rectification deed", is like beating around the bush without any results.

2. IF "Current owner “y” holds the title and position since 1991", and original owner "C" and "X" are expired, THEN obviously there is no legal claim possible after 30 years, irrespective of the fact that there was an inadvertent error in not mentioning name of "C" by GPA holder "X" in the then Deed.  All this is now barred by time limitation and now cannot be legally adjudicated, in anyway.

3. You, as the current buyer, must take an "irrevocable indemnity bond" from the Seller's and his Legal Heirs, to indemnify you against any probable futuristic claim & legal disputes.  This would be legally sufficient for your financial safety.

 

Hemant Agarwal
Advocate, Mumbai
5318 Answers
25 Consultations

5.0 on 5.0

See the legal heirs can execute rectification and confirmation if the original sellers are not alive.  

Shubham Jhajharia
Advocate, Ahmedabad
25463 Answers
110 Consultations

5.0 on 5.0

Legal heirs of original seller ie C can execute deed of rectification 

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

The GPA holder is not the owner of the property nor he has clear and marketable title to the property hence the sale of property ion the capacity of GPA without mentioning the origin of title to him to sell the property is illegal and invalid.

Actually the property should not have been registered in that manner.

The legal heirs of the deceased can claim title and a share in the property  by filing partition suit  even now hence it is better to exercise abundant caution.

It is not advisable to buy the proeprty which is not having proper title to the person who is desirous of selling the property.

 

 

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

There is no clarity to the title to the seller hence it is better to avoid buying this property.

If the original seller is not alive then his legal heirs can execute a rectification deed to rectify the error in the original mother deed. 

A litigation in court may take years to get disposed.

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

Even if the title holders died the rectification deed can be executed through legal heirs and the said thing can be rectified

Prashant Nayak
Advocate, Mumbai
21750 Answers
45 Consultations

4.4 on 5.0

This is a single day thing, now seller legal heirs can execute rectification deed. But may take advantage of your willingness. So advising, forget RD and sell as advised. 

Yogendra Singh Rajawat
Advocate, Jaipur
21073 Answers
31 Consultations

4.4 on 5.0

Deed of rectification is necessary to confer clear and marketable title to property 

 

2) you can engage detective agency to trace legal heirs of C

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

1. Yes registered sales deed is valid even if C name is not mentioned on it but it will be better if you go for rectification deed. 

2. No suit will not be maintenable Now due to limitation period of 10 years from the date of sale 

3. Current owner can execute a Gift deed in favour of family member and then you can purchase the property from him as suggested by your advocate.

 

Mohit Kapoor
Advocate, Rohtak
10273 Answers
7 Consultations

5.0 on 5.0

There are lot of problems in this property.

The procedure to get the things straight is not an easy job as you think or write down here.

In my opinion, it would be better that you keep off from this property and look for a property having a clear and marketable title.

The suspicious circumstances and doubtful title are some of the reasons which may lead to litigation in future.

Buyer beware is the phrase to be used now.

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

1. There is no need to trace "C" or other related persons.  All this is Time Barred, for legal purposes.

2. IF seller & his legal heirs are ready to give you an "irrevocable indemnity bond" indemnifying against any & all losses /litigation's, THEN the transaction can be legally conclusive for you.  There is nothing left after this, for any dispute to be created.

Hemant Agarwal
Advocate, Mumbai
5318 Answers
25 Consultations

5.0 on 5.0

See you can do that and you can mention about C in your sale deed if the buyer or buyers bank is not raising any objection to it.

Shubham Jhajharia
Advocate, Ahmedabad
25463 Answers
110 Consultations

5.0 on 5.0

What is the need to invite lost claim. Legal heirs may take advantage. So better follow as suggested. Introduce C in current sale deed and X is POA holder.

Yogendra Singh Rajawat
Advocate, Jaipur
21073 Answers
31 Consultations

4.4 on 5.0

No claim is not barred as claim starts from knowledge of legal heir they can say that they had knowledge from particular date and limitation will start from the said date. 

Prashant Nayak
Advocate, Mumbai
21750 Answers
45 Consultations

4.4 on 5.0

Ask a Lawyer

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