• 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 10 months ago in Property Law from Mysore, Karnatka
Religion: Hindu
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  
Ajay Sethi
Advocate, Mumbai
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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 
Ajay Sethi
Advocate, Mumbai
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1228 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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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?
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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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
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18255 Answers
450 Consultations
5.0 on 5.0

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