Buying a property from gpa holder
Sudhin2218
(Querist) 11 May 2012
This query is : Resolved
Hello,
I'm planning to buy a property in Bangalore from a GPA holder who holds the GPA from real land owner (he is no more alive) This GPA was made on year 1992 and it's not registered too.
GPA holder is currently in the possession from past 20 years and holds the holder Khata at BBMP corporation and She did pay the property tax till date.
My Question is as per recent Supreme Court Judgement about GPA. "That GPAs are not valid transfers of ownership. Only registered sale deeds are.
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, but they can no longer sell it to a third party."
How safe is to buy a property from GPA holder? please advise.
Thanks in advance!
ajay sethi
(Expert) 11 May 2012
dont buy the property .
Advocate Rajkumarlaxman
(Expert) 11 May 2012
if its in 1992 and her name is already there in holders column in 7/12 dairy extract not in BBMC Extract then you can buy it by making a registered sale deed afresh from the GPA. it will not attract Supreme Courts present judgement because its only after 11 oct 2011. and your GPA has been executed in 1992
Advocate Rajkumarlaxman
(Expert) 11 May 2012
and even though she has been in adverse possession as you state that she is been there since 20 years which complies the requirement for adverse possession which is 14 years [but it should be undisputed]. so yo can very well buy the property. this is what i feel and suggest. rest its up to you. what is its value and location etc whether it is efasble for market rate and all are all diff issues which you have to deal with.
adv. rajeev ( rajoo )
(Expert) 11 May 2012
When the executant of GPA is no more, the GPA amounts to invalid. So dont go for that property.
Adv.R.P.Chugh
(Expert) 11 May 2012
Endorse what has been said above except :-
1. The point raised by Ld.Rajkumarlaxman - as regards adverse possession - there is no question of adverse possession here, as adverse possession is always disputed, notorious, and adverse with hostility to the real owner - a person under GPA can never acquire property by prescriptive title for the simple reason that his possession is permissive (except when GPA gets cancelled).
2. and a GPA coupled with interest is irrevocable and is not cancelled/revoked even on death of executant/principal.
3. Peruse the 7/12 etc records before buying. Consult a local adv there
Shonee Kapoor
(Expert) 11 May 2012
consult a local advocate and see that the property is converted to freehold before you purchase it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 May 2012
Why to consult local advocates when legal experts are here?
In the given case, GPA is an invalid document and it has no legal sanctity because the person/real owner who issued it has died now and PA also expires on the death of either of the 2 persons to GPA means issuer and GPA holder.
If GPA is no more valid then there is no valid title deed in favour of that person offering to sale you that property.
It is now your desire to waste your money or not. In case the legal heirs of deceased owner enter in the picture on any day, neither you or that GPA holder can do anything.
ashutosh mishra
(Expert) 12 May 2012
Since it was an unregistered GPA it is illegal since day one.Moreover its' executant is also dead.No matter even if he was alive,the GPA is void in law since inception.
YOU ARE ADVISED TO KEEP AWAY FROM THIS PROPERTY UNLESS SUCCESSORS OF ORIGINAL OWNER ARE READY TO EXECUTE A REGISTERED SALE DEED IN YOUR FAVOR,ANY AVOIDANCE ON YOUR PART IN THIS REGARD WOULD BE LIKE TO THROUGH MONEY IN WATER.
DO NOT BURN YOUR FINGERS.
