1) in 2004 registration of POA was not necessary
2) you should not face any issues
3) obtain notarised POA executed by A in favour of her husband
Unregistered and Missing GPA
Context: In 2004, person A approached a housing society for a plot in Bangalore in layout formed by the society. The said, layout is BDA approved. The society has issued possession certificate and allotment letter to person A. While registering the said plot from the society, person A's husband has signed in the sale deed claiming that he is a GPA holder of A. BBMP has issued katha in the name of person A. 1. In 09/2012, Person A has gifted the property to her Son and Person A's husband has signed it as a witness and has got the katha transferred to himself. 2. In 11/2017, Person A's son has sold it to Person B and Person A's husband has again signed it as a consenting witness. Person B has transferred the katha to himself. 3. In 03/2018, Person B has sold it to person C. Person C has transferred the katha to himself. Now, I am trying to buy the property from person C. Person C does not have the copy of the GPA executed by person A to her husband and he claims it was a unregistered GPA. Question: 1. If I buy this property will there be any issues with the title or ownership of the property. Is there a possibility of any other dispute, given the fact that the husband of person A has signed as a consenting witness? 2. If we are able to trace person A, which we are hoping, will there be a use even if we get the unregistered GPA's copy? 3. If person A and her husband are alive, can we get a affidavit or any other documentation done, so that this does not arise if and when I buy and try to sell it to someone else. Thank you, Kartheek
Asked 5 years ago in Property Law
Religion: Hindu
8 Answers
Hi, When the GPA holder and Principal has both signed in the Sale Deed as Vendor and the consenting winteness then there is no issue with regard to legality of the documents you can buy the same. However, it is better you can seek a legal opinion from the advocate. With regard to GPA there is no issue.
1. There may not be any disputes anticipated.
2. Yes. Better to obtain GPA copy, even if it's an unregistered one.
3. In case person "A" and her husband are alive, you can obtain a confirmation of the same to strengthen the title of the property.
4. Before proceeding further, it's advisable to obtain legal opinion from a Lawyer by showing the connected papers and then only go ahead.
Dear sir,
As per the information provided, the transfer of property has taken place with all legal step followed, and the fact that it has the name in the katha itself suggests that it has been approved in govt. records. Legally all the people had owned and thereafter sold the property to someone.
Also as long as the witness is concerned, that will not be an issue. Anyone can be a witness to an agreement or transfer of property as long as he/she is of sound mind.
A GPA that is unregistered is basically of no use, because it has not legal recognition. If you want to be on safe side, then with the help of A you can get that GPA registered.
It would also be a precautionary measure to just get an NOC signed from A and the husband. Thank you.
1. The GPA given by the buyer to her husband was only to receive the proeprty from the society on her behalf.
Subsequently all the transactions were done by the owner of the property alone, in fact the husband was signed as a consenting witness in the subsequent registration documents.
Therefore this unregistered GPA document do not hold any validity.
You may ignore it or can obtain an indemnity bond from your seller to this effect to indemnify you against the future situations.
2. It is up to you.
3. This work has to be done by the seller or his predecessor and not you.
You may just demand the documents and remain silent until they give an answer or comply with the demands.
1. in my view there wont be any issues. It is not person A's husband's signature which matters, it is more about whether A had authorised her husband to sign the sale deed on her behalf. Since A has subsequently gifted the property to her son, it means that A is indeed the owner of the property.
2. you may try. but not that relevant.
3. yes that can be done
do issue public notice in 2 local newspapers calling for objections against the intended transfer and also take a search from the sub-registrar's office
- In 2004 society sold plot to A where the husband/Mr. (x) signed as GPA of A in the capacity of purchaser. Khata is issued to A.
- In 2012 A (mother) gifted it to son where A’s Husband/Mr. x signed as witness. Husband/Mr. x is same person who signed as purchaser from society in 2004.
- In 2017 A’s son sold it to B. A’s husband/Mr. x signed as witness.
- In 2018 B sold it to C. C transferred khata to himself.
- You want to buy the property from C who does not copy of GPA same being un-registered.
- X appeared as purchaser of original once in 2004 and thrice as witness in the execution of sale deeds. A cannot challenge the transaction in any manner as she allowed X to sign as purchaser once and witness thrice.
- No need to trace A or copy of un-registered GPA. The sale validated by chain of transactions.
- A or her husband have no right to dispute their signatures on successive sale deed.
- Go ahead with deal without any hesitation.
- As per law, it is mandatory to be registered of GPA , if related to property transfer.
- Since, that GPA was not registered, it means that the person A has not given any authority to her husband legally to sell the property
- Further , due to being owner of the property ,and unregistered GPA , the possession remained with the person A.
1. Yes, there is chances of dispute , even husband is a consenting witness , as Person A having right to claim over the property .
2. Unregistered GPA having no value in the eye of law ,
3. Yes, you should take an Indemnity bond from her
