• GPA registration

Dear Sir,

I have a the below queries for you with respect to the property which we have purshased.

The original property was purchased by my father and property was not registered however the original owner had selled the property by means of GPA and this GPA is registered.Now the query is in the encumbarance issued by BBMP, original owners name is not present instead we have encumbarance on my Mothers name, Is this valid?. Or the encumbarance should have original owners name?.

Second query.

Can the owner make a will on minor and later sell to the other person?. In this case which will be valid.

Appreciate your response to the above queries raised.

Regards,
Vishal
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
A. If you want to establish your legal right over the property that should be registered in the name of the purchaser from the Seller otherwise Sale transaction will not get any legal validity.

B. What encumbrance issued by the BBMP ? Need clarification. And you need to get confirmation from the GPA holder that the original executee of GPA was alive at the time of Sale transaction.

C. Regarding Second query: Owner of the property can execute a will on behalf of a minor is valid, but it can be claimed after the majority. The executor or court guardian should be managed the same till the majority in the case of death of will executor. In the meanwhile, if the owner sells the property to third persons that transaction will be valid and executed Will would be terminated or cancelled by itself. Therefore, recent any transaction would be prevail.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1) in order to confer clear and marketable title to property it is necessary that sale deed be registered 

2) in your father case only POA has been executed by the owner n favour of your father 

3)  in the demise of your father POA ceases to be operative 

4) call upon owner to execute regs sale feeding favour of your mother 


5) your father could have during his lifetime executed regd sale deed in favour of your mother on basis of regd POA 

6) will can be revoked any time by the owner 

7) owner can sell the  property to minor 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1. If you apply for an Encumbrance Certificate from the Sub-Registrar's Office requesting for the period prior to 1995, say from 1990 to till date, then the earlier owner's name will be shown as the owner of the property prior to your father's purchasing the property in 1995 in the EC.
2. A 'WILL' can be executed by the owner of the property in favour of a minor by appointing a Guardian to look after the affairs of the property,  till the minor attains the majority. 
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
1) all transactions in the property are reflected in the encumbrance certificate 

2) All the details mentioned in certificate will be based on extract available from the register with the sub registrar 

3) this is in turn is based on documents regd with the sub registrar 

4)if original owner had not purchased property by regs sale deed his name would not be reflected in encumberance certificate 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1) only registered documents are reflected in encumberance certificate 

2) If original owner had purchased property by sale deed and it is not regs it would not be reflected in encumberance certificate 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
Do you have the original parent deed? When the property was given to your mother under GPA arrangement, did not the vendor handover the original parent deed of the property?, if not you may see that how did the principal acquired the property and trace the root of the property through the link provided in the GPA deed registered in your mother's favor, obtain the certified copies of those sale deed prior to the GPA deed and verify the owner name or the title. 
The property in your hand should have the details of the previous owners or the title to be traced to previous owners, this will avoid the legal embarrassment situation. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. How cum your mother's name feature in the record when the property was purchased by your father through GPA?

2. If the property is in the name of your father through a Sale Deed, file an application for mutating your father's name in all records. 
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. O.K. your mother, as the GPA holder has executed and registered the sale deed in the name of your father,

2. Since registration of sale deed was stopped, your mother's name had featured in the record since she had the registered POA in her name,

3. Your father shall have to file an application for mutation his name in all records in connection with the said property duly enclosing copy of the registered Sale Deed conveying the title of the property in his favour. 
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
Yes, so long your father's name is not registered in the relevant register/document as the Title Holder of the property, your mother's name being the registered POA holder for the said property will feature in the said register/document.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
It is true that "If the original owner had not purchased the property by registered sale deed his name would not be reflected in encumbrance certificate" reason being when a document is registered in the Sub-Registrar's Office, a record of the transaction is entered in the records of the SR Office and that is the reason for the above statement. When a person applies for an Encumbrance Certificate for a specific period in respect of a property, the information of the transaction occured during the period can be retrieved only if the property is registered in the Sub-Registrar's Office. If the property is not registered in the SR Office, there will be nil transaction shown in the EC.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
You have not seen my reply properly. You  can visit the GPA deed once again and see on what basis the principal is executing the deed mentioned properties to the power agent, i.e., there will be mention about how he acquired the property, whether based on any sale deed or by a partition deed or settlement deed, and document number with the year of registration will be found in the GPA deed, which can be a thread to trace the previous title to the property, once you are getting the previous deed document number, you can get the certified copy of the same and can find out the previous details as per the details available in it. 
Without the parent document, it will not be possible to sell the property, this will be an obstacle not only for selling but also for availing loan too. You can show the documents to a local lawyer who will be able to give a proper further opinion to this issue or can even call me availing the option available in this forum by name 'Talk to this lawyer'.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Please take 30 years EC from the concerned SR' Office and you get the transaction that occured during the period of 30 years tilldate. By doing this exercise, not only the original owner's name,  but all the transactions will be reflected in the EC, if the transactions were registered in the SR' s Office.
Shashidhar S. Sastry
Advocate, Bangalore
1239 Answers
59 Consultations
5.0 on 5.0
1. Initially the property was sold to your mother through a GPA which was registered. Your mother was never the owner of the property if the sale deed was not executed in her favour. Resultantly, she could not have sold it to your father.

2. The name of your mother is appearing in the encumbrance certificate as she had purchased the property through a GPA and not sale deed. It further seems that the person from whom you purchased the property also purchased it from someone through a GPA, in which event your seller cannot be the original owner.

3. I maintain that the title of the property is not clear and marketable if your mother did not possess a valid sale deed in her favour.



Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. In so far as the will is concerned, if a will has been executed by the owner he cannot sell it to someone else and create third party rights unless he has cancelled the will.

2. If the property willed to a minor is sold to someone else without cancellation of the will the minor will be at liberty to challenge the sale in the court which can set it aside as illegal.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

 A title search can be conducted in the office of the local registrar to find out the antecedent title of the property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) you dont have clear and marketable title to the property . 

2) at time of purchase of land from original owner you ought to have done due diligence and checked  source of his title . whether said sale deeds were registered or not 

3) you should contact original owner legal heirs   as the original owner is dead 

4) they can execute deed of confirmation . have said deed registered . 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
1. 






1. Encumbrance certificate for the applied date is issued and not for the earlir date,

2. The buyer is buying the property now and the current encumbrance cerificate shows that the property was in your mothers' name which has been transferred in your father's name,

3. Thre should be no obstrucle for selling the said property on this ground.







Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0

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