I am planning to purchase a property, in which the property transaction workflow is as follows. 1) Owner 1(Allottee) Was allotted a land from BDA(local Authority) in 1985 2) Khata was issued in 1986 by local authority(BDA) 3) Owner1(Allottee) registered a GPA with GPA holder1 in 1992 4) Owner1 made a sale agreement with GPA holder1 in 1993 5) Sale deed was executed by BDA to Owner1 represented by GPA holder1 in 1998 6) GPA holder1 entered into Saledeed with his wife in 2000 7) Khata transfered to GPA holder1 wife in 2002 8) Khata certificate and extract issued to GPA holder1 wife in 2020. 9) GPA holder1 and Wife lives in the same residence till now(Wife is a house wife no income proofs available) 10) GPA holder1 and Wife wants to sell the property now and share the received money from this transaction to his childrens (3 in number) as both the parents are old ( GPA holder1 has health issues). EC clearly shows the BDA sale deed was executed to owner1 through GPA holder1 and GPA holder1 executed the saledeed to his wife later. Also there was an unregistered "Will"and testament executed between Owner1 and GPA holder1 in 1992 bequeathing this said property. Please note the Owner1 and GPA holder1 are not family members Here is my query. 1) Is this transaction from GPA holder 1 to wife is valid? as we are not aware of Owner1 status(alive or not) on the date of this transaction. 2) Can this be legitimate transaction if I purchase this property and no objections raised by Owner1 or his family members ( do not know about the wareabouts) or any body else concerned on this property. Thanks much, Prasad
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If the GPA deed has authorized the power holder to sell the property then the sale deed executed by the power holder in favor of the buyer I.e., his wife is valid.
The GPA deed should specifically mention the schedule of property in it.
It is always advisable to obtain a proper legal opinion before venturing into the purchase of the property and proceed only if recommended.
Actually it should be backed by a registered sale deed along with gpa
You need to investigate all the sides and take noc from all other legal heirs
1) transaction would be valid provided owner who executed GPA was alive at time of execution of sake deed in favour of wife
2) you can purchase the property
Hi, GPA holders are not valid title. As the BDA has executed the Sale Deed in the 1998. Before that the Owner No.1 has executed the General Power of Attorney to GPA-1. It is better you can sought for legal opinion from an advocate and proceed further. There was a little bit doubt as to the genuineness of the transactions.
Registration of WILL is not compulsory but only optional. Even an unregistered WILL will have the same legal validity as that of a registered one.
(1). To answer as to, whether transaction from GPA holder 1 to his wife is valid or not, we have to look into the narration in the GPA to identify as to whether the GPA holder 1 was authorised by the Owner 1 to sell the property.
(2). It's advisable for you to get the property papers vetted by any Lawyer before proceeding further.
