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Gautam R (Other)     01 September 2023

Possibility of litigation if registered gpa is having minor names but represented by legal guardian

Hello Folks,

I wanted to check what possible problem can arise with this scenario and is it advisable to buy such a plot ?
Builder and has entered into a GPA & Sharing agreement (Registered GPA) for a 32 acre land with the land owners and the area and has around 250 Plots.

The plot I am thinking to buy as per sharing agreement comes under the builder who is selling.

The plot has undergone DC Conversion and also has Khata Form 9 and 11A as well (A khata).

For example, The plot i plan to buy falls under Survey 16/2

Now the registered GPA for my plot we have around 14 parties mentioned as the absolute owner for piece and parcel of land under Survey 16/2. Out of the 14 parties two are minors 11 & 15 years (who where represented by natural guardian father) respectively.

When the builder prepares the sale deed, As he is the GPA & SPA holder, he will sign and complete the sale, But the 14 members (land owners names) will appear in the sale deed including the minors.

I wanted to check based on the above scenario, My deal happened on grounds of a valid registered GPA, Will I have any Litigation  issues by the Minors in future ?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     02 September 2023

It is common to add the names of the minors of the families in the GPA as well as in the sale deed, whether they have any share or right in the property or not.

If you want to clear the doubt you may better obtain a proper legal opinion before  making the payment and getting a registered sale deed executed, if recommended you may proceed.


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