After suraj lamps case wherein tye supreme court held that all transactions via GPA are not valid/illegal, the property atill belongs to X. In your case the goa isn't even registered.
Therefore the property still belongs to X. Act accordingly.
Can a property be bought with unregistered GPA in 2007? Is it legally valid?
Hi, I am residing in Bangalore and planning to purchase a BDA property. A property got allotted to Person X in 2004 and the same has been sold to person Y in 2007. Person Y(principal) bought this property from person X via GPA(Person X gave GPA to Father in law) . Now i am planning to buy this property directly from person X(not from GPA holder) However at the time of sale deed, this GPA is not registered in Sub registrar office. EC, PC, Sale deed and Khata are all in Person X name till date. I have read multiple forums and went though some registration act Section 33 point C. As per my limited understanding based on registration act 1908 and the link https://www.kaanoon.com/145006/unregistered-gpa-but-notarised-done-on-apr-2005-is-valid (as mentioned in Suraj lamp and industries case that before 2011 , it was not mandatory to have GPA registered) I understand the transaction(sale deed , person X bought from person Y via GPA ) is legally valid. Is it correct ? can i buy this property without any legal problems in future? If it is not legally valid , 1. what can be done to make it legal now? Even if it can be done, is it safe to buy this property ?
Asked 1 year ago in Property Law
Religion: Hindu
12 Answers
Please note my mistake i interchanged person X with Person Y from line 3. Please read as person Y instead of person X from line 3 onwards. I am not able to edit my query, sorry for the inconvenience
Asked 1 year ago
Dear Client,
All transactions via GPA are not valid/illegal, the property still belongs to X. In your case the goa isn't even registered.
Thank You.
Unregistered goa is inadmissible in court and not legally valid. But sale thorough registered gpa was valid before 2011.after 2011 Sc ruled it illegal
It is true that prior to 2011 registration of POA was not necessary
2) notarised POA was sufficient
3) sale deed would be valid
4) deed of confirmation can be executed duly stamped and registered
Act as mentioned herein above
You cannot purchase the property from a GPA holder now.
If the GPA holder is in possession of the property, you may ask him whether the principal is alive, if so either the principal has to execute a fresh GPA by a registered document in favor of the seller or the seller has to produce a registered title document on his name to establish his clear and marketable title to the property.
An unregistered GPA might have been considered at that stage whereas as per section 17 of the Registration Act, it is mandatory to transfer an immovable property through a registered document.
You can refer the documents before a lawyer, obtain a legal opinion and proceed only when recommended.
Your query was understood properly even though the error now observed by was noted while posting the answer.
However the reply remains same.
Thank you all for response. I want to clarify that the person Y is directly selling the property to me (not via GPA holder). So person Y would come for registration. Only main query is, the sale deed happened in 2007 between Person X to person Y( Person Y gave GPA to his father in law and gpa holder signed the sale deed on behalf of person Y) is valid sale? If it is not valid then technically the Property still belongs to person X?
Asked 1 year ago
X has no rights on property as he has sold it to Y through registered sale deed
2) Y can sell the property to you
From your subsequent post where you have clarified that Y had purchased the property by a registered sale deed on his name through his power agent is having clear marketable title to sell the property.
In this situation, it can be noted that Y becomes the absolute owner of the property by the virtue of the registered sale deed on his name, hence he can very well sell the property directly to the prospective buyer by executing a registered sale deed.
If you are still confused then refer the property documents before a iocal advocate and get his opinion and proceed if recommended.
There would be no transfer of title in this property if you go ahead with the sale, so it's a very risky proposition in absence of any registered sale deed.
In order to make it a safe and legal purchase, you will have to ask the owner to get sale deed executed in his name from the previous owner.
Dear Client,
Y can sell the property to you.
It can be noted that Y becomes the absolute owner of the property by the virtue of the registered sale deed on his name, hence he can very well sell the property directly to the prospective buyer by executing a registered sale deed.
Thank You.
Presently he can't sell you rhe same on basis of gpa without registered sale deed