Transfer of property by gpa holder on 1999
manjeshbm
(Querist) 19 April 2015
This query is : Resolved
Hi All,
I need all your help regarding Immovable Property Legal Issue.
My father had purchased a plot in Bangalore on July 1999.
It was purchased from a GPA holder who had authority to sale the land on behalf of the main land owner.
GPA holder is a Registered GPA holder.
But we have Registered the property at the time of purchase from the GPA holder.
I recently took Encumbrance Certificate from Sub Registered Office.
As per the EC the said property belongs to us.
Let me now explain the problems we are facing.
Now a builder has purchased the whole land from the main land owner who transfered the
plot to us through GPA. Our plot is 30*40 Sq Ft measurement. But the builder has
purchased own land of 2.5 acres.
Now the builder is saying that whole land belongs to him.
Our plot is one among the land.
Now builder is claiming whole land. Even GPA holder who transfered the plot to us
is not responding properly to us.
I have heard that the GPA holder can transfer the land with proper Sale Deed to others.
And recently Supreme Court as on October 2011 has barred the transfer of properties through GPA.
The above court order is not retrospective. That means properties dealed from GPA Holder is stil is valid if done before October 2011.
Please suggest me whether the above CASE holds strong if I go against the Builder in the courts of law.
Please help me as soon as possible.
Anirudh
(Expert) 19 April 2015
Since the GPA with power to sell the land was registered;
and you got a proper Sale Deed (executed by the GPA holder in your favour) duly registered by paying appropriate Stamp duty, you have a very good title to the plot of land in question.
The Supreme Court decision of October 2011 in Suraj Lamp case is on a different fact situation and has no application to your case. The fact situation in that case is that in Delhi, Punjab and Haryana where the land has been given on lease basis by the Delhi Development Authority, and other Land Development Authorities, could not be sold or sub-leased. In view of the said difficulty, many persons who wanted to sell the property used to simultaneously create two documents viz., (i) General Power of Attorney (in some cases registered and in some cased unregistered) showing the consideration received from the purchaser and and giving the GPA to the buyer so that as and when he wants he can execute the Sale Deed in his own favour or in favour of anybody whom he wishes; (ii) WILL (in some cases registered and in some unregistered) in favour of the buyer so that in case anything happens to the seller, the buyer can claim the property on the basis of the WILL. YOU HAVE TO NOTE THAT IN THE ABOVE METHOD, NO STAMP DUTY IS BEING PAID TO THE GOVT. EVEN THOUGH THE PROPERTY IS SOUGHT TO BE TRANSFERRED FROM ONE PERSON TO ANOTHER.
It was in that context that the SC reiterated (it did not lay down any fresh law) the existing position that wherever the value of the immovable property exceeded Rs. 100/- the same cannot be transferred validly without payment of appropriate stamp duty and duly registration in the office of the Sub-Registrar.
In your case, you have a very very strong case, and in case the builder creates any problem, you have to immediately approach the court, and first get a stay against his action.
manjeshbm
(Querist) 19 April 2015
Hi Anirudh,
Thanks a lot for your advice.
I need to ask one more question relating to same matter, which I learned just today.
With reference to above case, the Main Land Owner's women members had went to Court against the GPA Holder saying the GPA Holder has sold land without there signature or consent. My father had got land registered through GPA Holder. Now the above said Builder took this loop hole and made main lander owners to go against the GPA Holder and have acquired the whole of 2.5 acres as per the court instruction. Now the main land owner and members have personally signed for the new Sale Deed to Builder. We feel the GPA Holder has taken his share for remaining silent. Now we are in great loss. Now the 1200 sq ft property market value is Rs.40 Lakh and above. Is the challenge of Main Land Owner is valid one. Because the Male Members of Main Land Owners by themselves had given the Power of Attorney to the said GPA Holder. From which they have already enjoyed the compensation. Now again they have sold the same land to someone and again enjoying huge profit. Here even though we have got property Registered as per law, they are riding on us by showing the said Loop Holes.
My question is that are we still have the strong legal holdings on our property. Can we go to the court of law and win the case. Or is it better to compromise with them. I am ready to fight against them legally if I am in a strong legal position.
Please Anirudh please suggest me on this one more time.
I will be looking forward to your reply.
Anirudh
(Expert) 19 April 2015
One has to go through the documents and find out about the history of the property to decide whether the lady members consent is required or not. It is not possible to give a view without going through the documents.
Dr J C Vashista
(Expert) 19 April 2015
Very well advised by expert Mr. Anirudh,
manjeshbm
(Querist) 19 April 2015
Hi Anirudh,
I thank you for the valuable advise provided by you.
Thanks again.
Biswanath Roy
(Expert) 23 April 2015
Once an immovable property has been transferred inter-vivos ( may be through a Registered GPA holder ) and after scrutiny and being satisfied with its genuinity the Registrar registers the deed of transfer of title it is conclusive and always binding upon Vendor an Vendee which cannot be re-agitated in the court of law. If at all the lady members have any interest in the sold immovable property they by filing a suit can claim apportionment in the sold property by making the Sub-Registrar and Vendor as parties therein.
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
While I agree to the views of learned senior and respected Roy sir, you should have consulted a a lawyer for an opinion at the time of purchase itself, however, even now you can consult a local lawyer with all the papers in your possession and obtain opinion about the validity of the claims made by the female members and what can be done next on this.
