• Registration of property jointly by Sale cum GPA holder & owner

Mr X has given Sale cum GPA to Mr. Y.  The sale consideration is Rs. 8.5 lac.  Mr. Y has paid Rs. 8.00 lac to X at the time of registration of Sale cum GPA and quoted in the registered document that the balance Rs.50000 would be given in three months.  Mr. Y did not paid Rs.50000 to Mr.X with in three months.  Then Mr. Y has proposed to  sell the property to Mr. Z for Rs. 8.5 lac after seven months.   Mr. Z got it registered the property in his favour by paying Rs. 5.50 lac to Mr. Y and Rs.3.00 lac to Mr. X.   The sale deed is jointly signed by Mr.X and Mr. Y.  The property is under possession of Mr.Z  since nine years.  My daughter want to purchase the above property from Mr. Z.  Can my daughter purchase the above property with out any legal issue.
Asked 11 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
Yes. You can purchase the property without any fear as both Mr.X and Mr.Y were signatories to sale deed in favour of Mr.Z nine years ago. You can be rest assured that there will be no issues at all.
Rajgopalan Sripathi
Advocate, Hyderabad
946 Answers
64 Consultations
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Yes,since both x and Y signed the sake deed while Z purchased the property no dispute can come from X or Y.
In that even if Z has otherwise good title then he can surely sell the property to your daughter.
Contact a local alwyer and get the title of the property searched from local Registration office.
Devajyoti Barman
Advocate, Kolkata
6500 Answers
72 Consultations
4.9 on 5.0
1) your daughter can purchase the property from Mr Z 

2) it is necessary to peruse various documents cited by you to advise 

3your daughter should contact a local lawyer and based on his opinion that title is clear and marketable purchase the property 
Ajay Sethi
Advocate, Mumbai
26191 Answers
1422 Consultations
5.0 on 5.0
Since the sale deed in favour of Z is signed jointly by X and Y there cannot be a claim by X that he has better title than Z. His claim, if any, can only be against X for recovery of money. Tell your daughter to conduct due diligence before purchasing the property, which process will require a lawyer to make a threadbare perusal of all the documents of title and also a possible title search to be conducted in the office of sub-registrar.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
1) since Mr X received Rs 250000 more and has signed sale deed you wont have any problem from Mr X 

2) further Y has also signed sale deed an accepted consideration received by him of Rs 5.50 lakhs 

3)whether Y received lower amount that purchase price is immaterial . 
Ajay Sethi
Advocate, Mumbai
26191 Answers
1422 Consultations
5.0 on 5.0
Hi 
1) A sale cum GPA is different from actual sale deed. In fact Sale Cum GPA has been prohibited from the year 2011 onwards following a supreme court judgement.
2) A sale deed has a better title than a Sale Cum GPA
3) In your case, the person(Mr.X) who gave the initial power of attorney, has by himself executed the sale deed  along with Mr.Y(GPA holder) in favour of Mr. Z
4) To clarify, Mr.X has more powers than his GPA holder. The powers of GPA Holder cannot be more than that of the person who granted him the power of attorney.. Hence the legal heirs of GPA holder(Mr.Y) cannot have any claim. 
5) Since it is a sale cum GPA, if X received Rs2,50,000-/- more from Mr.Z and Mr.Y received Rs2,50,000-/- less from Mr.Z, the relationship that prevails is the GPA . 
6) So as a GPA holder, Mr.Y or his legal heirs cannot  question the amount that was paid to  Mr.X or ask for more compensation from Mr.Z on behalf of Mr.Y.  
7) Moreover technically and legally, Mr. X and Mr. Y have voluntarily come forward to execute the sale deed in favour of Mr.Z by passing the GPA  and making the GPA redundant.  The sale deed will prevail over the Sale cum GPA  and in your case Sale cum GPA is of no legal consequence. 

Hence the Sale deed executed by Mr. X and Mr.Y is the correct and legal way of executing a sale deed and they have done so by executing the same in favour of Mr.Z. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
946 Answers
64 Consultations
5.0 on 5.0
 The sale deed is jointly signed by Mr.X and Mr. Y.  The property is under possession of Mr.Z  since nine years.  My daughter want to purchase the above property from Mr. Z.  Can my daughter purchase the above property with out any legal issue.

Since X had given power of attorney deed to Y to sell this property, Y sod the property on that basis and X joined Y in execution of registered sale deed to Z.
  There seems no legal infirmity in this and as far as the consideration amount between X and Y is their problem.
Your daughter can very well buy the property now from Z and if she wants legal opinion about the property she can have it from local advocate before proceeding with the purchase.
T Kalaiselvan
Advocate, Vellore
16551 Answers
153 Consultations
5.0 on 5.0
Thank you so much for your reply .  But Mr. X balance amount to be received from Mr. Y is Rs. 50000 only as per agreement of Sale cum GPA.  However Mr. X received Rs.250000 more and Mr. Y received 250000 less from Mr. Z.           Is there any chance of claim from Mr. Y or his legal heirs  in future.   Please advise.

The amount to be received by X or Y shall be their own problem, it cannot be linked to this property.
T Kalaiselvan
Advocate, Vellore
16551 Answers
153 Consultations
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The remedy of X, if any for recovery of money, is only against Y and not Z.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0

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