• Sell consideration in favour of GPA holder

Hi Ashish , I am going to buy a plot of 1000 sq.yrd, it is on the name of 2 brothers, both are NRI, one brother is coming in india with the registered GPA by 2nd brother in his name. he also has letter of consent & NOC which mention that he can have all sell consideration on his name. Is it valid to make all sell consideration in favour of GPA holder only. is there any ruling by supreme court regarding this matter
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
Hi, if the GPA executed by one the brother then it is valid  document and one thing in the GPA is that there is a sale clause is exist and then only other brother has right to sale.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) before purchase of property take 30 years title search 

2) obtain certificate from lawyer that title is clear and marketable 

3)you have not mentioned whether it is agricultural or non agricultural land 

4) if non agricultural land   take inspection of original documents whether collector has given permission for conversion of land 

4) if land is is name of 2 brothers and registered power of attorney is issued by other brother you can enter into agreement for purchase of land with GPA holder .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Client,
you are advised to check all the title deeds at least 14 years prior. You can purchase the property through GPA holder, provided that, the sale consideration should be paid though demand draft or cheque in the name of the owner of the property according to their share of the property.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
you refuse to give entire consideration in name of one brother only . you can insist that cheque would be issued in name of both t he  brothers
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Client,
According to land mark Judgements , the GPA holder is not entitle tor receive the sale consideration in his name. The cheque or Demand Draft  should be drawn in favor of the original owner of the property. In your case you can issue the cheque in favor of two brothers jointly.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1.make payment by cheque or DD in the name of both the brothers to keep you on safer side legally.

2.go legally in the matters of money transactions.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Hi, cheque or DD should be given in the name of two brothers only.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
GPA holder cannot receive the sale amount in  his name..cheque should be given in the name of seller
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
you should get letter of consent from both brothers, if they not agree on this then you should ask them to provide joint account, in which the sell amount will be transferred or deposited. you should prefer to make payment by demand draft only and divide 1/2 amount on each brother. If only one brother comes to sign on papers then he should has power of attorney. Check all the papers in regard of that land.
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
1. Against the said POA and NOC given by the co-owner brother in favour of another co-owner brother authorising the POA holder to collect the entire consideration in his name, you can certainly act accordingly,

2. However, to ensure that the exucator of the POA can not claim his share in future on any ground not known to you now, it is advisable to pay 50% of the consideration to each brother,

3. This step will insure you against any future litigation regarding payment.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Carry out the legal due diligence test before purchasing the property to avoid being enmeshed into lengthy and expensive court battles later on.

2. Visit the local court and avail the services of a local lawyer to ascertain if there is any lawsuit pending in the court with respect to this property.

3. Last but not least, find out the antecedent title of the land to know if the 2 brothers possess absolute ownership to this property.

4. It is advisable to remit the sale consideration through 2 cheques of equal amounts in favour of both the brothers.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Nothing left to add, because the querist only address Mr. Ashish to ask his opinion.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0