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harish   16 March 2017

Gpa property

Sir,

 

There was a land owned by A & he sold it to B.

B has converted them in to plots in Year 1996.

One of the plot was purchased by my uncle from B through the way of GPA. GPA is registered in the same year 1996 and it says that my uncle can sell the property at his wish.

In the GPA , it was mentioned that B has got the land from A, in the way of two different sale deeds.

However, one of the deed number mentioned was wrong as it was pointing to a different land.

All the people of the plots has the same problem in their GPA's. But most of them got it corrected when they converted GPA to sale deed in the presence of B.

But, my uncle did not do a sale deed till today. Questions are :

 

1. Can my uncle sell the property to anyone(example: his son) of his will, with out calling B . If done so, will it be valid? B is still alive and if my uncle sell the property to his son with out intimating B, will it be valid. When I consulted a lawyer, he said it is valid because it is registered GPA & B is still alive & B has not revoked the GPA till now.

2. How can my uncle get the GPA corrected with out presence of B. Since all the surrounding plots had the same problem, can anyone of the surrounding people help in this regard?



Learning

 3 Replies

Asgher Mahdi (Advocate & Legal Advisor)     18 March 2017

Well said by your lawyer. Now, it can be done through rectification deed by providing necessary relevant documents before the Registry office thereby the same can be alienated lawfully to anyone.

harish   18 March 2017

Do you agree that my uncle can sell property to his son without presence of B. Is this valid? If gpa has to be corrected should B come and sign.

harish   18 March 2017

Do you agree that my uncle can sell property to his son without presence of B. Is this valid? If gpa has to be corrected should B come and sign.

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