Latest supreme cout judgement-suraj lamp & industries pvt. ltd
Querist :
Anonymous
(Querist) 16 October 2011
This query is : Resolved
Hi Experts,
As we all know that now property cannot be transacted through trf of GPA,SPA&will
Would like to ask if this judgement has any retrspective effect? in other words what is the WEF date ths Judgement?
I wanted to purchase a flat in badarpur border. Would like to ask if that arear is a valid area for getting gettig it registered?
Is regstry opened for independent floors open for it?
If I do a transaction through POA (In case registry is not there for Badarpur border)from backdate that is from last month would that be a feasible option to go through this judgement?
ajay sethi
(Expert) 16 October 2011
the judgement has prospective effect only .
if you want to purchase flat please check whether builder has rquisite permission form Muncipal corporation for construction of building . if building is legal registry can be done for independent flats
do not back date the document for purchase of any property .
Raj Kumar Makkad
(Expert) 16 October 2011
Deeply enquire from registration authorities with copies of title deed and site plan of proposed purchasable flat and if they approve only then move ahead as the citation is having prospective effect and no GPA shall work in future.
prabhakar singh
(Expert) 16 October 2011
The following observation made in the judgment named by you will lead you to get convinced that you need to use your very very due diligence as rightly advised by experts:
"......17. It has been submitted that making declaration that GPA sales and SA/GPA/WILL transfers
are not legally valid modes of transfer is likely to create hardship to a large number of persons
who have entered into such transactions and they should be given sufficient time to regularize the
transactions by obtaining deeds of conveyance. It is also submitted that this decision should be
made applicable prospectively to avoid hardship.
18. We have merely drawn attention to and reiterated the well-settled legal position that
SA/GPA/WILL transactions are not `transfers' or `sales' and that such transactions cannot be
treated as completed transfers or conveyances. They can continue to be treated as existing
agreement of sale. Nothing prevents affected parties from getting registered Deeds of
Conveyance to complete their title. The said `SA/GPA/WILL transactions' may also be used to
obtain specific performance or to defend possession under section 53A of TP Act. If they are
entered before this day, they may be relied upon to apply for regularization of allotments/leases
by Development Authorities. We make it clear that if the documents relating to `SA/GPA/WILL
transactions' has been accepted acted upon by DDA or other developmental authorities or by the
Municipal or revenue authorities to effect mutation, they need not be disturbed, merely on
account of this decision.
19. We make it clear that our observations are not intended to in any way affect the validity of
sale agreements and powers of attorney executed in genuine transactions. For example, a person
may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage
his affairs or to execute a deed of conveyance. A person may enter into a development agreement
with a land developer or builder for developing the land either by forming plots or by
constructing apartment buildings and in that behalf execute an agreement of sale and grant a
Power of Attorney empowering the developer to execute agreements of sale or conveyances in
regard to individual plots of land or undivided shares in the land relating to apartments in favour
of prospective purchasers. In several States, the execution of such development agreements and
powers of attorney are already regulated by law and subjected to specific stamp duty. Our
observations regarding `SA/GPA/WILL transactions' are not intended to apply to such
bonafide/genuine transactions........"
Shailesh Kumar Shah
(Expert) 17 October 2011
How can it possible to back date the document for purchase of property ?
