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 8 years ago in Property Law
Religion: Hindu
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 8 years ago