We purchased a land in bangalore through GPA in 1999( notary only). We built house there and we are leaving in that house from past 12 years. We have katha in panchaythi and every year we are paying revenue ( kandaya ) also.
We got bescom connection also. Is there any chances of land ownership problem. .?
Asked 6 months ago in Property Law from Bangalore, Karnataka
1) purchase of land has to be only through registered sale deed to confer clear and marketable title to property
2)if only GPA has been executed in your favour by seller you dont have clear title to land .
3) SC has held that That GPAs are not valid transfers of ownership. Only registered sale deeds are.
4) But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed,
1.Get the land papers scrutinised by an Advocate and take opinion from him to know the status of land.
2. Without perusing the papers it would not be wise to give opinion in respect of the property referred by you.
Your title is defective if the GPA is not registered. The GPA as an instrument of conveyance of property required mandatory registration, failing which there is no conveyance of title. Tell the seller to execute a fresh sale deed in your favour.
12 years is the limitation prescribed U/s 5 of the Limitation Act for any person/s to seek a declaration that they be declared as the absolute owners of the schedule property. If you have continued in peaceful possession for a continuous period of 12 years, then such a claim will be struck down as time barred.
Therefore I do not foresee any chances of land ownership problem in respect of this property.