• Registry in the self name if I got through Relinquishment Deed

Dear Sir,

I need a advise on the above issue.

let me explain, My Grand mom got a registered GPA and Notarized Agreement to sale in April 2004 for a property. Then My father gets that property in June 2004 from grandmother through a notarized GPA and Agreement to Sale which was not registered. 

My father passed away in  jan 2005. We have not done anything about that. Recently, I got an Relinquishment deed from my Sister and mother who were having equal share along-with me after the death of my father in that property. the said relinquishment deed got registered with Sub Registrar in Nov 2015.

Now my question is that Only Registry of that property was done in 1972. after that there are several transfers through GPA and Agreement to sale. Now i want to pay the applicable stamp duty so that the title of the property (Registry) be in my name.

Kindly help me out. as its very urgent to know.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) your title to property is not clear and marketable 

2) transfer of property has to be through registeted sale deed only to confer clear and marketable title to the property 

3) contact the person who executed GPA in your grand mother favour in 2004 

4) ask him to execute deed of confirmation and have it duly stamped and regd 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
You are silent on whether your grand mother is alive or not.
She seems to be dies in the meantime.
In that event the property can not pass to you unless the original seller makes a sale deed and register it in your favour.
The GPA and sale agreement which your father and grand mother did has no force now.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi, from your narration your father has become the absolute owner of the property after his demise his legal heirs are the owner of the property and now your mother and sister has executed the relinquish deed so you are become the absolute owner of the property, you just change your name in the katha of the property.

2. You need not pay any stamp duty and now you are not going to purchase the property you got the property by way of succession.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Your fathers demise the Validity for sale of the GPA is dead. More the Title deed is not clear and absolute. Here only the power of transfer of the property is given through GPA.No sale deed is executed still now. So the absolute owner of the property is the original owner of the property who gives GPA to your grand mother.So contact the person who executed the GPA to your grand mother and ask him to execute a sale deed infavour of you then you become the absolute owner of that property.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) the documents cited by you have to be perused for legal advice 

2) it appears that In order  avoid payment of stamp duty all transfers have been by way of power of attorney 

3) original land owner executed power of attorney in favour of first purchaser who in turn has executed further GPA 

4) general power of attorney holder cannot further delegate His power unless there is specific provision in the power of attorney to that effect 

5) no sale deed duly stamped and regd has been executed

6) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. The GPA executed in favour of your father by your grandmother had to be registered, failing which it did not qualify as an instrument of title. A GPA to sell the property had to be registered in accordance with the prevailing law.

2. If the GPA is not valid then the title of the property did not pass to your father. On the demise of your grandmother her heirs i.e her husband and children succeeded equally to her property. After the demise of your father his share devolved on his heirs i.e his widow and children equally. You and your mother should apply for mutation of property in your favour. 

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
At present the GPA and Agreement has no validity. After your fathers demise the Validity for sale through GPA is not valid and it is  void. Agreement to sale is only the intention of the executor  for sale before executing the sale deed.

In your case no sale deed is executed still now. So the absolute owner of the property is the original owner  (Bhoomi-daar) of the property who gives GPA to your grand mother.So contact  (Bhoomi-daar) and  ask him to execute a sale deed infavour of you then you become the absolute owner of that property.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The property has so far not been transferred to anyone's name though there exists a GPA on your grandmother's name who has again executed a GPA on your father's name.  
Firstly, though your grandmother physically acquired the property she has not obtained a marketable title to the property.  The only valid document was a registered GPA on her name, this document will not confirm her the marketable title until she executed a sale deed unto herself in the capacity of the GPA  (vendor - by herself) to the buyer (herself), also the unregistered sale agreement is not valid. 
Secondly, being a GPA herself, she cannot execute a GPA on the same property to another person(your father), hence the GPA on the name of your father is invalid in the eyes of law.
Thirdly, a relinquishment deed by your mother and sister in your favor after the demise of your father assuming to have rights to the property in which even your father had no title, was unnecessary and invalid in law, by this you cannot claim title to the said property.
Therefore you have to locate the original owner or in case he is dead then his legal heirs, convince them of the situation and execute a proper sale deed registered in your favor by paying the proper stamp duty applicable on this date and acquire marketable title to the property. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Hi, it is better you can contact local advocate and get an opinion from him because we can give our opinion based on your narration and documents speak in different way also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
According to some, The said GPA is not valid. then how the relinquishment deed got registered by the registrar and i got Certificate (section 60) from Department.

The relinquishment deed registered by registrar's office because it was resented to them.  With the given over load of work burden, the staff of the registrar office may not have time to scrutiny each and every document carefully to confirm its validity or it might have been carried out by bribing the staff responsible for it.   However this relinquishment deed has no legal validity since the the people who relinquished their rights actual d not have any title or interest in the property which they have released from their side. 


how do i got registered the property either in my name or my mother name.
as i want a clear title of property so that their will not be any problem arise in future.

The list of documents mentioned by yo have no legal validity to claim title to the property.  You have to locate the original owner and get a proper sale deed executed and registered in your favor or your mother's favor by paying the applicable stamp duties as on this date.  If the original owner is not alive then his legal heirs may be approached to get the job done. 
Consult a local lawyer, discuss about any other possibility by producing the relevant papers in your possession and proceed as per his advise on all such further issues. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. Agreement for sale is not sale deed. So, agreement for sale does not convey title of a property,

2. The title of the property is required to be transferred through a registered Sale Deed,

3. Now you need Court order declaring that the property belongs to you with a direction upon the Registrar to register it in yiur name.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The GPA becomes unenforceable on the demise of the executor and/or holder,

2. In this case you stated that your grandmother got the property through unregistered Agreement for Sale. In that case in whose name the property stands in the Registrar's Official record?

3. Both the GPAs on your grandmother and father have become invalid,

4. While registering the relinquishment deed, the Registrar need not cheque the title of the property whose right is being relinquished,

5. Try for the Court declaration as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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