Buying plot from gpa holder in ap
Amar
(Querist) 12 December 2011
This query is : Resolved
Sir,
I want to buy a plot from a GPA holder in Rangareddy dist of Andhra Pradesh. The original owner executed a registered 'SALE CUM GPA' agreement on 11/11/2011. I am worried because of recent supreme court order (on 11/10/2011) indicating that 'SA/GPA/WILL' are not legitimate means of transfer of ownership. Will this judgement apply for AP also? The GPA holder is suggesting that the GO regarding this has not yet come. I want to know if there will be any legal problems in future if I buy the plot from the GPA holder.
Regards,
Amar
M.Sheik Mohammed Ali
(Expert) 12 December 2011
yes, SC order applicable in over india, once check and buy the property any way consult a local area lawyer.
R.Ramachandran
(Expert) 12 December 2011
In the circumstances mentioned by you,GPA holder is not the owner of the property, unless he has a Registered Conveyance Deed/Sale Deed in his favour.
If it is a sale cum GPA agreement, then appropriate Stamp Duty on the Sale Value plus applicable registration charges ought to have been paid and got registered in the name of the buyer.
Thus, the person holding the Sale Cum GPA is not the owner of the property. Further more, from the facts revealed by you, he is not a simplicitor GPA on behalf of the original owner. He probably claims to be the owner of the property on the basis of the Sale cum GPA, which HE IS NOT.
Therefore, first ask him to get the property registered in his name with the Sub-Registrar's office and then you purchase from him directly.
Amar
(Querist) 12 December 2011
Dear Sheik and Ramachandran. Thankyou for the suggestions.
Regards,
Amar
