Property purchased thru gpa
abcdefghij
(Querist) 20 April 2012
This query is : Resolved
Hi,
i purchased house in NCR Delhi in 2000 thru registered gpa, registered agreement for sale, will , possesion letter and full and final payment receipt. gpa in name of father and he is dead and agreement for sale, possession letter in my name, full and final payment receipt in my name. now i want to get house registered in my name. what is procedure. i searched original person from whom i purchased house but he is asking money to transfer property in my name.
Anirudh
(Expert) 20 April 2012
Yes, whenever people think they are smart and try to save money, they are made to pay the money through their nose subsequently!
Since you originally wanted to save on stamp paper by adopting the route of GPA, WILL etc., without actually getting the property registered, now you have no other go but to get the property registered by getting the sale deed executed by the Vendor. Now you will not only pay the Stamp duty at the current circle rate, but also will have to oblige the vendor by paying him the money that he may require from you. At least you should consider yourself lucky that he is willing to execute the sale deed even now. Otherwise, he can jolly well refuse to do so. Therefore, negotiate with him and try to pay him some reasonable amount and get the sale deed executed and registered in your favour. Otherwise, you will never be able to perfect your title on the property simply with the GPA, Will etc that are in your hands.
Devajyoti Barman
(Expert) 20 April 2012
File a suit for specific performance of contract.
SAINATH DEVALLA
(Expert) 20 April 2012
Yes as suggested by Barman.THE SPECIAL RELIEF ACT 1963,chapter 11.
Anirudh
(Expert) 20 April 2012
Dear Experts,
How he will be able to file the suit for specific performance now? The agreement was of the year 2000. What about limitation?
M/s. Y-not legal services
(Expert) 20 April 2012
yes you can file the suit for specific performance..
the seller of the property is no more., even though he can file the suit for specific performance suit against the legal heirs of the deceased..
-tom-
Shonee Kapoor
(Expert) 20 April 2012
Agree with unanimous opinion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 21 April 2012
What about limitation for filing Specific Performance Suit? Why no one, whoever suggested such a course is not responding? What does such a silence means?
abcdefghij
(Querist) 21 April 2012
I understand that period for specific performance is 3 years from date of agreement. But what if we i send a legal notice thru lawyer now to this person to perform his duties under specific performance of contract. In this way he will not come and his period for non performing will start from current date. We can say in court that it was in good faith that he told us that he will get property registered in our name any time we want. and now in current date he his not registering property in our name so time limitation of 3 years will begin from now instead of year 2000. Is it ok ?
M/s. Y-not legal services
(Expert) 21 April 2012
dear aniruth., yes., you are right., there is limitation for specific performance is 3 years., but its applicable when the ready and willingness issue arise., which is not applicable for this case..
because in this case the entire amount has been paid., so execution only pending now.. right?
-tom-
