GPA property sold as independent plot
I am looking to buy a plot. The history is as below, need advise for the same. Landload Kodhamappa made a will to divide his property to his son's & daughters. Property X received by Person A & Proerty Y received by Person B . Now this Person A has give GPA in 2004 June to Person C, also Person B has given GPA in 2004 to Person D ( Person C & Person D are developers). Post this Person C & D have made this entire area as layout & sold plots to individuals in Nov 2004. For some reason in 2006 Person C( Has 1 Acre) has sold this to Person D & Person D ( 1.25 Acre ) has sold to Person C ( Basically they have interchanged the property. I am looking to buy a plot from one of this individual who has purchased from the developer in 2004.
Question is once when the layout is made in 2004 & registered to individuals , why was this above exchange of entire layout done. Is it to prevent the revokation of the GPA in future?
Request to clarify
Asked in Property Law from Bangalore, Karnataka
1) has probate been obtained of the will ?
2) if no probate obtained was property transferred in name of the beneficiaries ?
3) whether other legal heirs have conveyed their NOC for transfer in name of A and B
4) whether POA for sale has been registeted ?
5) whether title search has been done for last 30 years by you
6) we cannot speculate as to reasons why exchange of layout was done
7) contact a local lawyer and based on his opinion take a call whether to purchase plot or not
The making of layout and subsequent registration does not debar the exchange of the properties in the manner in which it has been done. The GPA executed by A and B respectively should be inspected threadbare to ascertain if the agents i.e C and D acted within the ambit of authority given to them under GPA or they exceeded it. Any act by an agent, not specifically or impliedly permitted by GPA, can be declared as illegal by the court. So before you decide to purchase the property get the GPAs vetted by your lawyer.
Hi, First you have to verify the GPA, whether GPA has registered one or not.
2. If the GPA is registered one then there is no problem but you have to get legal opinion from the advocate and proceed further in the matter.
GPA holders cannot exchange their land because they have no such right in GPA. But owner of the land can do it. It is legal and no need re-registration. Only order of revenue officer and mutation is sufficient.
you should read GPA thereafter proceed further. GPA is a authority to do something on behalf of principal.
The questions you have raised has a possible answer in itself.
However since the transactions took place in the year 2004 and after that the properties have been transferred to various hands, this question will have some other answer too in the form of a legal opinion by some one who had opined about it earlier.
Even now, before venturing into the purchase, you may produce all the papers before a seasoned or skilled lawyer dealing with property matters, have his opinion about the property and the related issues, get fully satisfied and then proceed with the purchase. Any opinion given without seeing the papers but just based on the vague information furnished by you shall become fatal at a later stage when there arises a major dispute.