Validity of sale deed executed by unregistered gpa holder in

I am very sorry to say that you had wrongly purchased the property from the GPA holder whose GPA was an unregistered one. Your sale deed is null and void. Whether the GPA was cancelled to your pre-purchase or post-purchase is not a main point in issue. The said unregistered GPA was a legally invalid document all through. So you cannot claim the ownership of the property anymore. The taxes paid by you simplicitor will not entitle you to claim ownership of the property.

ok. but can the land owner cancel GPA after the subsequent transaction?

Thanks/Ravi

My view is differnt from the one expressed above.

The GPA does not require registration if the same does not involve transfering of property. When the original GPA was made there was no conveyance. It was made for creating an agency in favour of the agent. As there was no conveyance it does not require registration.

When the sale was completed to the second party, the conveyance takes place at which time the required registration is done. The Key element here is, when the sale was completed to the second party, whether there was agency in existence. If yes, then the sale deed, as the required stamp duty was paid, is valid.

However, if the agency (here GPA) was cancelled before the sale was made the agent can't validly convey the title as he is not a representative any more. Here the important point is when (if ) the GPA was properly cancelled. Since it is not a registered GPA, the evidence to prove that the GPA was cancelled before the second sale, will determine the validity of second sale. It the sons could not prove that the GPA was cancelled before the sale, then they can't deny the sale. I saw a judgement on similar lines.

I stand to be corrected.