Registered sale deed should be executed by landlord in son name to confer clear and marketable title to property
2) then only should be executed sale deed in your favour
3) AGPA does not confer clear and marketable title to property
Can AGPA holder execute the sale deed
I am planning to bug a independent house(under construction) from a builder. this property is in gram panchayat layout near Hyderabad ,Telangana. The landlord of the property has executed a "Agreement of Sale cum GPA with Possession" to one of his son name in sub registrar office. I see this transaction is reflecting in EC as well with his son has CL and father as EX. Below of some points mentioned in the AGPA document. - Vendor sold the plot to Vendee for so and so amount and vendor acknowledged the receipt of the same. Vendee has rights to do the following acts on the said plot. - To Sell/Lease/Mortgage the said property to any prospective purchase or purchasers/lessees/mortgagers. - The Vendee has right to register the said property either in his name or in the name of hist nominee or nominees after payment of balance stamp duty and registration fee at the time of regular sale deed. -To approach the registration authorities for registration of the said property in his/her favour or on the name of hist/her nominee or nominees. -To receive sale value or consideration from prospective purchaser or purchasers and discharge the necessary receipts to them and handed over the possession also. Below are my doubts: - Considering supreme court judgement in 2011 regrading suraj lamp case, AGPA is not valid document. It it still valid in my sceneario.? - If it is valid, (to be safe side) is it worth to get his father's sign as one of witness in the sale deed ? - or It is good to get notarized consent from his father and son additional ? - when i ask builder about why they made as AGPA, He said they will get some stamp duty returned when they executed sale deed to me. Can we get the AGPA cancelled now ? so that i can ask them to have a sale deed to his son or to me directly.
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
1. to avoid any future legal complications and safe play, you should insist on the execution of direct sale deed in your name through the father or son as the case maybe
Thank you Sir. Can they get the AGPA cancelled in registrar office ? if that can be done , I would like to ask them to have sale deed in son name.
Asked 5 years ago
Agreement t for sale cum AGPA can be cancelled by mutual consent
yes, AGPA can be cancelled any time without any hassles
In this two things are involved, i.e., one is registered sale agreement from father to his son and another a GPA deed in favor his son.
The registered GPA deed is a legal document authorising the power agent to sell the property to a prospective buyer, but what about the sale agreement?
The existing sale agreement between the father and the son is an encumbrance on the property which needs to be cancelled.
Moreover the recital in the GPA namely vendor and vendee as well as the vendee having paid the entire sale consideration amount to the vendor cannot make the deed as GPA and such GPAs cannot be considered as title deed in view of the judgment by supreme court to which you have referred here.
Therefore you may ask the original owner to cancel the sale agreement as well as the GPA deed and to execute the registered sale deed directly by him to you to clear all such doubts.
You may also obtain a legal opinion before making the payment towards sale consideration.
The registered GPA document can be cancelled by executing a registered cancellation deed jointly by the principal and the power agent and after that the owner can directly execute the registered sale deed in your favor instead of doing it on his son's name and then to you.
1. See AGPA is not valid instrument to transfer though a Sale deed using a AGPA can be made.
2. See father is signing then in that case sign of the AGPA is not required as he is original owner.
3. Yes it would be better as it is agreement to sale cum AGPA so its cancelled and original owner make sale deed in your favor.
A cancellation agreement can be made and registered.
1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships.
Note: Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.
2. In the best interest of your financial /investment future, it is legally necessary that the Property' Title-Owner comes down for registration to the SRO office. IF he cannot come due to sickness or whatever, THEN the SRO can be summoned at home for registration via a proper application and visit fee.
It can be cancelled only in court. If both parties will then only it can be cancelled mutually by execution of registered cancellation deed at sub registrar office
An AGPA can only present the documents for registration on behalf of the principal but title cannot pass through him.
Yes you can get the AGPA cancelled. Thereafter, you can get the sale deed executed through the "son" directly.
AGPA can be cancelled by mutually.
GPA is valid. Title is not yet transfer in son name but authority to sell on behalf of father. Son can sell it you and you will get 3% stamp duty exemption on sale deed registration.
GPA cannot cancel unilaterally. Go ahead with purchase and all originals including GPA will hand over to buyer.
1. Yes AGPA is a valid document if it is registered with sub registrar.
2. Yes you can take sign of father as witness but if father is available then he himself can sell the property.
3. If GPA is reflecting in EC then it is valid as per govt records.
