Hi, this query is related to the GPA. We are in process of purchasing an agricultural land and during the legal verification we see that one of the sale deed has been executed through GPA. The owner of the property has executed a GPA in year 2016, in favour of some third person (name-XY) and in the clauses it is clearly mentioned that the GPA holder has right to either manage or can sell his property to anyone. This particular GPA has been registered and authenticated by the Sub-Registrar. Upon this, a sale deed has been executed in year 2017 and the property is transferred to the GPA holder himself upon presenting the executed GPA to the Sub-registrar. RTC and all other required documents has been transferred to the GPA holder upon executing sale deed. Can this property be purchased or do we see any legal issue?
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1. Transfer of property through unregistered GPA is legally not valid. However, if the GPA is adjudicated/registered in the jurisdictional District/Sub Registrar's Office by paying the requisite stamp duty, then the sale deed executed based on such GPA would be legally valid. However, this should not be construed as Legal opinion as the property documents have not been scrutinised by me.
2. Before purchasing the property get the property documents vetted by any Lawyer before proceeding further.
You can purchase the property as original owner had executed registered GPA for sale of property and on basis of GPA sale deed has been executed duly stamped and registered
Yes you can buy the same but need to execute a registered sale deed for the same
1) Yes you can purchase the property without any legal issue, since the GPA was registered and the same had been authenticated by the Sub-Registrar.
Hello,
As the property stands transferred to the name of the GPA holder, now he becomes the absolute owner of the property by the virtue of the registered sale deed on his name.
It is immaterial whether he got it transferred through a GPA holder by a sale deed or directly from the owner, since the property stands on his name by a registered sale deed, he will be considered as a property owner with clear and marketable title to sell the property.
Whatever, you may first obtain a legal opinion before buying the property
Dear client,
as gpa is not valid for any property to being transferred. therefore you can easily purchase the property
Hi, GPA is registered one and GPA Holder has authorized to sell the property on behalf of the Principal. Then you can purchase the same.
Thanks for all the response. Please clarify the following question, 1. As stated above, the property is transferred to the GPA holder himself through Sale deed upon presenting the executed GPA to the Sub-registrar. In the "sale deed" there is no signature/authentication of original owner and his family members as the GPA has been executed. Is that acceptable? 2. Can the registered GPA revoked any time, in other words does the owner who executed GPA can send a notice of revocation to GPA holder and transfer the property to anyone else in future through Registered manner ?
Yes it can be revoked on grounds of fraud or other grounds if it is contrary to intention for which it was issued
1. If the GPA deed was executed by the principal and the same has been registered by the sub registrar then it is a legally valid document.
2. Once the transaction has been completed by a registered document, by the power agent then the principal cannot revoke the registered transaction.
It is acceptable
2) once sale deed has been executed on basis of registered GPA owner cannot revoke the GPA
3) it is binding upon original owner