1) in case sale deed is executed after couple of yeas stamp duty would be payable based on the circle rate of the property
2) GPA merely authorised X to execute sale deed on behalf of the principal
3) no question of payment of penalty
Title deed
Hi. I have a query. A person X bought a site through GPA and never got title deed. Few years later he has got a self executed sale deed. Now the X's family members have to obtain title deed, should they still pay the penalty of 50% of sub-registrar value? What is the validity of such a sale deed.
Asked 8 years ago in Property Law
Religion: Hindu
7 Answers
The site was bought in 1994 and the self executed sale deed was done in 2000. It is registered in the sub registrar office. But the sale deed doesnt have the witness of original allottee (person who sold the site through GPA and will). Now we have GPA , Sef executed sale deed and also the will written by the original alottee. What would be approximate charges to get the title deed and what would be the best procedure to obtain the same.
Asked 8 years ago
1) even if original allottee has not signed as witness it would not affect the validity of sale deed
2) as far as charges are concerned only local lawyer can guide you
What is a a self executed sale deed? I am hearing this term for the first time. The sale deed is to be executed either by the seller or someone on behalf of the seller in favour of buyer. The sale deed is to be registered with stamp duty at the current rate along with penalty quantified by the sub-registrar.
Your question is confusing.
You have stated that you have a valid and registered sale deed executed by the GPA, what else is your worry or problem?
Do you want to clarify if the sale deed is valid even without the principal witnessing or signing the sale deed?, well if the GPA is effective and the principal was alive at the time of execution and registration of the said sale deed in your favor, the purchase is very much valid and moreover you are in possession of the link documents, hence there is nothing to be worried about it.
Your next question is to get the title deed, the registered sale deed in your favor is the title deed, what is your doubt about it?
The property was bought through GPA and the person who bought the property registered a sale deed (without involving the seller as witness). The sale deed says that he obtained the property rights through GPA. Now to get the title deed , agents say that since it mentioned as GPA in the sale deed , 50% of sub registrar value has to be paid as penalty. What is the validity of the sale deed if we are still considered as GPA holders.
Asked 8 years ago
1) GPA authorises agent to execute sale deed to confer clear and marketable title to the property
2) on said basis sake deed has been executed
3) GPA does not confer any title to the property
4) it is necessary to peruse sale deed to advice further
You say that the property was purchased through GPA, do you mean that you have been shown as GPA instead of buyer?
Well, you have agreed to this proposal to avoid stamp duty.
This was your mistake.
If you have decided to buy a property what prevented you from buying it through a registered sale deed, now what is your reply the blunder mistake you have committed.
However there is nothing wrong in you selling the property to yourself as a GPA to the buyer.
You may have to pay the stamp duty applicable for this purpose, you cannot avoid it.
If you want to secure your property or hard earned money, you have to follow the proper legal formalities or else you may have to face problem one or the other day.
Your facts are confusing. Did the GPA holder sign the sale deed for and on behalf of the seller? A sale deed requires the signature of both the parties i.e buyer and seller (or somebody for and on behalf of seller). The Supreme Court has ruled that title flows from the sale deed and not GPA. Unless there is a sale deed in favour of the buyer he does not get the title.