• Validity of a property purchaser through registered GPA, agreement of sale and notarised affidavit

In the year 1996 My father bought a two plots in bengaluru through a agreement of sale, registered GPA and notarised affidavit. The affidavit in on a 10 rs stamp paper giving out clearly that the purchaser is at full liberty to use the property as he likes including putting up construction and to sell as well. Recently seller wrote OS on the wall of the vacant plot and when we wanted to whitewash it he conveyed that the property is under litigation. To our surprise we havent received any legal notice till date. Ho should one go about now
Asked 5 years ago in Property Law
Religion: Hindu

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9 Answers

Execute sale deed or gift deed on basis of registered POA 

 

Apply for mutation of property in name of buyer 

 

in event any suit is filed by seller contact a local lawyer and enclose copy of agreement for sale , registered POA executed in your favour 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1) registered sale deed is necessary to confer clear and marketable title to property 

 

2) you can issue legal notice to seller to execute registered sale deed in your favour

 

3) you can sell the property after having registered sale deed in your favour 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

First of all you may please be aware that the sale agreement or the registered GPA deed or the affidavit given in your father's favor are not legally valid title documents 

If you are informed that this property is under litigation and you are not aware of it then you contact a lawyer ion the local and ascertain the details of the case.

Perhaps you may not have been impleaded as necessary party to the pending suit. 

Without knowing the details of the case or the names of the party or nature of suit, you cannot do anything about it hence at least now you act swiftly by contacting an advocate in the local and ascertain the facts if you are really serious about protecting your interests in the property. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The seller has full rights to approach court of law seeking his desired reliefs.

The maintainability of the suit/case would depend on the discretion of court based on the law involved in it. 

 

 

For execution of registered sale deed, the executor shall be the seller/vendor i.e, the owner of the property hence you cannot sell the property on your own.

 

 

 

In what capacity do you claim title to the property?

you cannot claim title to the property based on the sale agreement or GPA or affidavit.

Therefore you cannot execute a registered sale deed when you are not the owner of the property.

The tax receipts also are not the title documents. 

 

Therefore instead of releasing meaningless statements due to frustrations, you may better consult a lawyer and ascertain the facts and challenge the case on the basis of documentary evidences and merits in your side. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If the litigation is initiated by your seller, you have his particulars of name and details of property; on that basis you can find from the local court as to what suit is pending. It not impossible with little effort it can be done.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

  1. It is very difficult to guess what suit your seller can file, may be his seller has file suit against him or may be any of his legal heirs filed suit against him claiming share in the sold property.
  2. You do have complete right over the property but first check the pendencny of suit.
  3. Payment of property tax is only one aspect of proof title. You can sell the property subject to order of suit.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

- The Supreme Court in the case of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana held , that sale transactions carried in the name of general power of attorney will have no legal sanctity and immovable property can be sold or transferred only through registered deeds.

- Further , transactions of the nature of GPA sales or SA/ GPA/ WILL transfers’ do not convey title and do not amount to transfer nor can they be recognised or valid mode of transfer of immovable property.

- Further, those who had already bought property through GPA before its judgment could use the documents to apply for regularization of allotments and leases by development authorities."

"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," 

- Hence , you are the legal owner of the said property , and you should approach the said court where the suit is pending for getting relief in your favour. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

An agreement to sell with a GPa and some affidavit do not confer any ownership right on the purchaser 

Your title is defective 

A proper registered sale deed is required 

Seller's presence is required for the sale deed

You are put in possession of the property in part performance of the contract 

So you can resist any suit filed against you by the seller

Subject to limitation law, you will have to file a suit for specific performance of contract against the seller for registering sale deed in your favour 

Only after you have a registered sale deed, will you be able to sell the property 

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Dear sir/ma'am,

 

The way the purchase has taken place, there is no transfer of ownership and as per the existing legal scenario.

Your right in the property is defective and you shall seek to rectify it. For this you have to execute a sale deed so your ownership can get legal status. however, as the presence of the seller is foremost for the execution of this deed, you can file a specific suit of performance and get the deed registered in you name.  Thank you.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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