Execution of sale deed through gpa
SHIVA KUMAR
(Querist) 06 August 2014
This query is : Resolved
Respected Madam/Sirs,
I have bought a property on 28th July 2014 from a lady, 92 year old, Bed ridden with hip failure.
She has acquired the property out of her self-earnings allotted by Bangalore Development Authority in 1977. She has given a notarized E-stamp GPA on 21st july 2014 to her daughter on account of her bad health/immobility, along with a medical certificate by medical practitioner who is treating her.
She has two more daughters who provided NOC on a E-stamp papers towards the GPA & sale of scheculed property.
The notarized E stamp GPA has specified schedule property details mentioned clearly & contains all the rights to execute sale deed registration along with all documentation related to sale of the schedule property.
In 23rd july 2014, GPA holder (Daughter) has signed on E stamp agreement (agreement to sell & sign for sale deed) with acknowledgement of amount received by DD. The amount has been given through DD in the name of her aged mother (owner).
On 28th July 2014, I paid remaining amount as specified in agreement through DD in the name of her aged mother (owner) with her PAN no mentioned in Sale deed
Further sale deed executed at sub-registrar office by GPA holder (daughter) with all the legal stamp duty & registration fees duly paid by me (Purchaser). Sub-registrar office/BBMP revenue offices has provided all documents along with EC+Khata certificate in my name.
My queries:-
Does this transaction is valid & entitles ownership for me on this property? if not, what could be done? Request your suggestions
ajay sethi
(Expert) 06 August 2014
for sale of property through GPA registration of GPA is necessary . generally sub registrar refuse to register sale deed based on GPA for sale of property if GPA is not regd
Anirudh
(Expert) 06 August 2014
You got the registration of the property done in the Sub-Registrar's office only on 28th July, 2014.
Now within a period of one week, what has happened, which prompted you to ask this query?
SHIVA KUMAR
(Querist) 06 August 2014
Thanks a lot for quick reply. The notarized E stamp GPA is also signed by Civil High court advocate who has mentioned his regn.no.seal etc. I read about GPAs in internet after prompted by one of my friend & was concerned about knowing the status of my purchase done recently. Now that sub-registrar has registered & docs are issued, any issue you do foresee? Request your opinions on what could be done further?
ajay sethi
(Expert) 06 August 2014
if seller was bedridden some from Sub registrar office could have visited her residence for registration purposes . register the GPA .
Deed of confirmation can be made by seller
SHIVA KUMAR
(Querist) 06 August 2014
Thank you sir. Is it possible to register the GPA now after sale deed is completed? If possible, after regn of GPA, Deed of confirmation to be made by whom? (GPA holder or the actual owner/mother..) any key points for Deed of confirmation? (like how, where)... Pardon for the trouble & I kindly request your advise.
ajay sethi
(Expert) 06 August 2014
better contact a local lawyer in your city . in Mumbai registration of GPA for sale of property is mandatory .i dont know on what basis your sale deed has been registered on basis of notarised POA
register GPA . deed of confirmation can be made by seller through GPA
get it drafted by local lawyer .
SHIVA KUMAR
(Querist) 06 August 2014
Thanks for your clarification & I shall contact one in Bangalore for further process... Best regards.
ajay sethi
(Expert) 06 August 2014
thanks for your appreciation
ADV-JEEVAN PATIL, MUMBAI
(Expert) 06 August 2014
Transaction of sale made by unregistered GPA raises doubt. Possibly GPA executed might be much earlier However since it is duly stamped n Registered in Sub Registrar of Assurance, u may better make deed of confirmation.
Rajendra K Goyal
(Expert) 06 August 2014
Get the deed of confirmation executed. Agree with the experts.
SHIVA KUMAR
(Querist) 07 August 2014
Thanks for all your clarification & suggestions. Best regards. Shiva Kumar
