So here is the case, we purchased a leasehold property on Registered GPA + Agreement to sale(with consideration and possession) , But later we discovered the property address mentioned on second page of GPA was completely wrong , whereas on the very first page of GPA mentions the correct address,
So my lawyer suggested me to get a notarized GPA and get it signed from the party with thumbs impression, which i did, along with a notarized rectification deed with signature and thumbs impression. He further told that i can transfer the property based on notarized gpa in future as i have registered agreement to sale with possession and consideration which is considered as good as sale deed in cases of leasehold properties(According to him)
So my question is, if i can sell the property based on this notarized GPA? since property address mentioned on second page of registered gpa is mentioned wrong by mistake of my lawyer who created these papers.
Asked 2 years ago in Property Law from Delhi, Delhi
1) deed of rectification has to be duly stamped and registered
2)mere notarised rectifcation deed would not suffice
3) registered agreement for sale with consideration and possession would operate as sale deed but deed of rectification registration is necessary
The purchase of immovable property by registered GPA is invalid and the supreme court in its latest verdict has come down heavily on it.
The registered GPA or notarised GPA both have same effect i.e., invalid with regard to the title of the property.
However you can sell the property based on the GPA to third party, the address in the sale deed to be executed may be mentioned properly and correctly as is available in the parent title document.
Though you would be selling the property as a power agent, the principal need to be alive and ratify the sale deed.
A notarized rectification deed does not suffice to cure the defect of title in the original deed. The rectification deed requires mandatory registration in the office of sub-registrar. Opt for the registration of the same now.
1) No, a notarized GPA or any rectification that is notarized is of no value in terms of executing a sale on the strength the same. The very first sale which was executed on basis of ncorrectt GPA will not stand the test of scrutiny if challenged.
2) Unfortunately you have been ill advised as the documents created subsequently have not made any changes to the GPA that was registered. What ought to have been done was to get the GPA rectified and registered.
3) If the notarized documents are not there you would find it easier to sell.
Thanks for the answers,
1) so lets say the sub registrar accepts the notarized GPA + registered agreement to sale(With possession and full consideration) for registration purpose when i plan to sell it to third party, and the third party gets gpa+sale agreement (with possession and full consideration) registered, then will this sale be considered valid ? since the sub registrar accepted the documents based on my documents i provided while transferring the property to third party.
2) Since in cases of lease hold properties registered sale agreement (with possession and full consideration) is considered as sale deed, isnt it possible to sell the property based on just registered sale agreement while not showing notarized gpa to the sub registrar?
3) I am little skeptical on approaching the seller for the purpose of rectification deed as i think he might try to take unfair advantage of this situation and ask for money and stuff, so how to get rectification deed registered in such case?
4) Lets say i approach the seller and he agrees to visit the court , then is their any way to get fresh GPA registered(Since previous registered GPA has property address mentioned as wrong on second page).
Asked 2 years ago
1) sale deed would be valid
2) you should not suppress any material facts from seller . Disclose notarised GPA
3) approach original seller for execution of rectification deed . He would not refuse as it is a bonafide mistake
4) even if he asks for some money make payment so that you have clear and marketable title to the property
1. A GPA agent cannot execute another GPA deed to a third party. A GPA agent can sell the property on behalf of the principal but cannot execute another GPA to the prospective buyer. A registered sale agreement is between you and the vendor, this has got nothing to do with the sale of property by you to a third person. You are not the owner yet to sell this property. Legally speaking the sub registrar will not accept your gimmicks which is unlawful or not known to law.
2. Why dont you understand the meaning of sale agreement. It is a document by which you have agreed to purchase and the vendor has agreed to sell the property. Until a proper sale agreement is executed and registered you are not the owner or title holder to the property. So understand the underlying law in this. Sale agreement on your name will not entitle you to sell the property which is yet not yours.
3. You issue a notice to the vendor to execute a registered sale deed on the basis of sale agreement, if he denies or demands anything extra, you can drag him to court with a suit for specific performance of contract to get proper remedy and relief.
4. Why do you insist on GPA only, because GPA is not a title document and you will not be benefited in the GPA deed permanently.
Instead you ask him to execute a registered sale deed which is the only and safest way to protect your interest in the property.
1. The sub-registrar is bound to register the document presented to him if it has been sufficiently stamped. Registration by him does not preclude the buyer from suing for a defective title.
2. Without a registered GPA there cannot be sale of the property.
3. The rectification deed has to be executed by the seller alone. There is no alternative.