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an agreement of sale/irrevocable gpa reflected in the EC

Querist : Anonymous (Querist) 08 December 2009 This query is : Resolved 
a person made an agreement of sale/ irrevocable gpa (with possession) after paying the market value of the property.According to the law it is not a sale deed.
He somehow got his name along with address enclosed in the encumberance certificate. One close look at the EC reveals he as the owner. is it a legally allowed or is it a ploy by him to cheat the prospective buyers.
moreover at the site he has put his name as owner. is it legally correct.
Raj Kumar Makkad (Expert) 08 December 2009
No. It is not legally correct but the EC is not the proof of ownership rather it is just a routine certificate qua the status of the property having any encumbrance or not. Such person do not get right ot title on the basis of wrongly obtained EC.


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