• Sale GPA holder

There was a 30x40 plot which was for sale in the year 1998. My uncle has purchased that plot from the vendor in 1998 by paying 10 lakhs to vendor.
Vendor has given an notary affadavit & Posession agreement saying that he sold the plot to my uncle after taking 10 lakhs.
And also,  the vendor has given a REGISTERED GPA on the name of my uncle to sell the property.
From 1998 till today, my uncle has not sold to anyone & the property is still with my uncle as per the REGISTERED GPA. We have verified the GPA in SRO few days back & it is a REGISTERD GPA., which is good for us.
Now, my uncle has some financial needs for which he needs to sale the plot.
Since, the property is under GPA to my uncle , he is planning to register this property first & then keep it for sale.

Also FYI : My uncle knows, that the person who gave the GPA is still alive & nearby. But, my uncle dont want to inform him about registration nor call him for registration , because he may charge some money .

Now the questions are :


 1) Can my uncle register the property on himself on his name, with out the presence of the GPA holder? One of the advocates has suggested this idea. Can you let me know if it is valid to register on himself?

2)There will be two signs required for the sale deed. One is the Vendor & other is the purchaser . Can my uncle sign both on behalf of vendor & purchaser because my uncle dont want to call the vendor who gave the GPA?
If my uncle can sign , both as vendor and purchaser, then would it be a legal transaction? 

3) If my uncle cannot register the property on his name with out the presence of GPA holder, atleast can my uncle register the property on the name of his son?

4) If my uncle is registering on his son's name, there will not be any cash exchange in reality , because its the sale between father and son. In this case, should we mention anything about the consideration in the sale deed?
I know that my uncle could do a GIFT deed to his son. But, since gift is not mentioned in the registered GPA, it is not possible.

 
 5) The property actually comes under uttarahalli area. I guess it should be registered in basavanagudi SRO. Pls confirm?

6) Also, if a property comes under juridisction of "A" area,  Can we register the property, in other office, lets say "B" ?

 7) One more doubt is that : I guess the sign of the vendor who gave us the GPA is not needed in the sale deed, because my uncle has paid 10 lakhs in 1998 and got the GPA to sell the site. Only thing is he didnot register it earlier. But now he is planning to register. So pls confirm?

8) If the vendor who gave the GPA comes to knnow that my uncle has registerd on the name of son, will the vendor have rights to demand the money in the sale transaction? I guess no, because my uncle has not just taken GPA freely.  He has paid 10Lakhs to the vendor and then only got GPA to sell the plot. Pls confirm?


Finally, can my uncle register on his son's name ? Actually, his son would not be paying anything in cash to his father. So, what can be wirteen in the sale deed about the exchange value?
As i said , it cannot be gifted also because its nott mentioned in the GPA. Usually, when we sell it third party , obviously we take money and sell the plot. But since it is registering on his son's name , how can the sale exchange value be mentioned  in the sale deed. Should it mentioned or not?  The only reason, why my uncle is registering on his son's name is to REGUALARIZE the plot, so that they can sell it back to third party after couple of months.


Also , one GENERAL QUESTION BELOW:

Generally, i have seen vendors giving GPA to other people , to maintatin and sell the plot, if the vendor is abroad or etc. In this case, vendor would have just given power to maintain the property and sell. If the plot is sold, obviously the money has to be given back to the vendor.
But, in the case of my uncle plot, he has paid 10 lakkhs and the vendor gave GPA to sell it anyone.
So, obviosuly the rights to sell the property and take back the money would be with my uncle right? Also, tax paid receipts are standing in the name of my uncle.

Kindly advise.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Technically it happen but legally such transfer would be disputed as transfer of property to himself on the basis of GPA creates conflict of interest which makes the contract of agency invalid.
2. Technically yes but legally not valid.
3.Yes he can transfer this to his son.
4.yes your uncle can gift this to his son which requires no consideration.
5.yes
6. it varies with registration office and states . So check with the registration office.
7. He can sell this to you and you have to pay the stamp duty.
8. seller can not demand the money anymore.
9. The GPA is valid unless revoked in the meantime.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) it is better on basis of registered GPA your uncle executes sale deed  or gift deed  in favour of third party rather than registering it in his name .  there is no legal bar on your uncle registering property in his name on basis of GPA 

2) your uncle can register the property in name of his son on basis of regd GPA 

3) consideration should be mentioned in sale deed 

4) registration office where sale deed should be regd only local lawyer can guide you 

5) registration has to be done within jurisdiction of sub registrar office where property is located 

6) vendor cannot claim any consideration if on basis of regd GPA your uncle sells it to third party as full consideration has been paid by your uncle to the vendor 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
1) Can my uncle register the property on himself on his name, with out the presence of the GPA holder? One of the advocates has suggested this idea. Can you let me know if it is valid to register on himself?

Yes, he can sell the property in the capacity of GPA of his principal and he can buy the same property in the capacity of a buyer, it is very much valid in law.  However, since the it has been very long since he GPA was executed on his name, the registrar office may insist on the life certificate of the principal to ensure that the GPA is not infructuous due to the death of principal. 



2)There will be two signs required for the sale deed. One is the Vendor & other is the purchaser . Can my uncle sign both on behalf of vendor & purchaser because my uncle dont want to call the vendor who gave the GPA?
If my uncle can sign , both as vendor and purchaser, then would it be a legal transaction? 

Yes, he can sign in both the places, the above clarification holds good for this question too. 



3) If my uncle cannot register the property on his name with out the presence of GPA holder, atleast can my uncle register the property on the name of his son?
As a GPA holder he can sell the property to any one provided the PA is still valid as on the date of execution and registration of sale deed. 


4) If my uncle is registering on his son's name, there will not be any cash exchange in reality , because its the sale between father and son. In this case, should we mention anything about the consideration in the sale deed?
I know that my uncle could do a GIFT deed to his son. But, since gift is not mentioned in the registered GPA, it is not possible.
He can mention the consideration amount in the sale deed, the dummy cheque number also can be mentioned so that there arises no ambiguity in this regard in future. 



5) The property actually comes under uttarahalli area. I guess it should be registered in basavanagudi SRO. Pls confirm?

6) Also, if a property comes under juridisction of "A" area,  Can we register the property, in other office, lets say "B" ?
For 5 and 6 above, to be confirmed locally with the brokers in the local. 




7) One more doubt is that : I guess the sign of the vendor who gave us the GPA is not needed in the sale deed, because my uncle has paid 10 lakhs in 1998 and got the GPA to sell the site. Only thing is he didnot register it earlier. But now he is planning to register. So pls confirm?
Original vendor's signature not necessary for execution of sale deed until and unless there is  a special mention about it in the GPA deed.


8) If the vendor who gave the GPA comes to knnow that my uncle has registerd on the name of son, will the vendor have rights to demand the money in the sale transaction? I guess no, because my uncle has not just taken GPA freely.  He has paid 10Lakhs to the vendor and then only got GPA to sell the plot. Pls confirm?
This is a local problem to be sorted out when one arises, it cannot be predicted by a lawyer staying away from the situation. 

Finally, can my uncle register on his son's name ? Actually, his son would not be paying anything in cash to his father. So, what can be wirteen in the sale deed about the exchange value?
As i said , it cannot be gifted also because its nott mentioned in the GPA. Usually, when we sell it third party , obviously we take money and sell the plot. But since it is registering on his son's name , how can the sale exchange value be mentioned  in the sale deed. Should it mentioned or not?  The only reason, why my uncle is registering on his son's name is to REGUALARIZE the plot, so that they can sell it back to third party after couple of months.

The elaborate answers given above will cover this question too. 




T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
your uncle can register property in his name on basis of POA executed in his favour 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
Yes, you have been rightly advised that the GPA holder can sell the property representing the vendor to the buyer and the buyer can be he himself. The ultimate purpose of appointing him as his agent by the principal was to dispose the property by selling it to anyone. The vendor has not imposed any condition on the agent  to not to sell to any particular person, hence the sale deed executed by the GPA holder unto himself is legally valid. There is no legal infirmity  in it. 
He may go ahead as per his desired proposal. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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