Valditiy of sale deed executed on notarisied gpa
anand
(Querist) 30 December 2013
This query is : Resolved
I shall be thankful, for the guidance on
1. The land owner ( Ancestral property) has given GPA to Mr. X ( NON FAMILY MEMBER ) , and it is s notarised one prior to 1989.
2. Based on the said notarised GPA, Mr. X as a GPA Holder ( Not registered) sold the site to Mr. Y in
2009- 2 Sale deeds
2010 - 2 sale deeds
07-01-2011 - 1 sale deeds.
3. The sale deed got registered at sub registrar office, Bangalore based on the
notarised power of attorney.presented by Mr. "x" being GPA holder on behalf of Seller and land owner.
4. The sale deed signed by GPA holder on behalf of the land owner,
and by Mr. y as purchaser.
4. The purchaser ( Mr.y ) has got khatha on his name from BBMP , Bangalore, paid betterment fees, taxes etc., till date
5. Now Mr. y wants to sell the site.
Guidance sought on:
1. Whether the sale deed registered based on notarised GPA on behalf of the seller in 2009.2010& 2011 is valid under registration act of Karnataka.
2. Is it mandatory for registration of Power of attorney by the seller as the amount of immovable property was more than Rs.100/-
3. Can the site be purchased as Mr. y says that the registration took place prior to Oct 2011 - i.e., prior to SC order on GPA ?
4. Can it be said that Mr. y is the owner of the site now, as he is having a Khatha from the BBMP Bangalore, and paying all the taxes since 2009?
or
cant be construed that the sale deed executed based on notarised POA in 1989 is invalid and Mr. y has no rights on the property?
5.x Has registered the properties without any sons & daughters signatures in family,& also all are majour at the time of registration.
6.How to null & void these registration?
till land owner is living & his age 88.
Thanking
Anand( banglore )
T. Kalaiselvan, Advocate
(Expert) 31 December 2013
Firstly, if it is an ancestral property, a single person cannot execute a GPA to a third person authorising him to sell the property on behalf of all the share holders. All the legitimate share holders should have authorised the said power agent to do such acts on their behalf. However if there is no dispute or any claim by other share holders/co-sharers in this regard, the sale by the GPA to some Y is legal and in order.
Dr J C Vashista
(Expert) 31 December 2013
1. The sale deed registered based on notarised GPA on behalf of the seller in 2009.2010& 2011 is valid.
2. It is not compulsory for registration of Power of attorney.
3. The site purchased is a valid transaction, even now after Oct 2011 - i.e., after SC order on GPA, such transaction is valid.
4. Yes, it can be said as Mr. y is the absolute and exclusive owner/title holder of the site. It can't be construed that the sale deed executed based on notarised POA in 1989 is invalid and Mr. y has no rights on the property
5.It is irrelevant that x has registered the properties without any sons & daughters signatures in family,& also all are majour at the time of registration.
6.It cannot be declared these registration as null & void since the sale transaction is irrevocable and previous land owner (seller) is living & his age 88.
malipeddi jaggarao
(Expert) 31 December 2013
1. valid.
2. Not mandatory.
3. Yes.
4. Yes.
5. It is valid.
6. Not possible (basing on the facts given in your post).
Only precaution to be observed is as expert Mr.Kalaiselvan elaborated - if it is an ancestral property, a single person cannot execute a GPA to a third person authorising him to sell the property on behalf of all the share holders. All the legitimate share holders should have authorised the said power agent to do such acts on their behalf. If there is no problem from this angle the transactions are valid.
Rajendra K Goyal
(Expert) 31 December 2013
Well advised by the expert.
1. Yes.
2. No.
3. Yes
4. Yes
5. Valid
6. not possible
anand
(Querist) 31 December 2013
Thanks for u r suggesstions
this GPA is fabricated 4 years back from Mr.
"X"( land mafia)& they had constrected 6 new houses .
Land owner is not aware till now of Mr."X" & They are SC & ST People .
1}HOW TO NULL & VOID THESE REGISTRATION?
2}WHAT IS THE TIME PERIOD OF CASE?
3}WHAT ARE THE POINTS TO BE CHECKED IN FAKE GPA ?
4}WHAT IS MY ACTION OF WORK {Daughter's son)GRAND SON OF LAND OWNER?
5}WHAT IS THE RESPONSBILITY OF SUB REGISTER TOWARDS REGISTERING A ANCESTRAL PROPERTY?
6}IF I BOOK A COMPLIANT ON SUB REGISTER IN LOKAYUKTHA TOWARDS REGISTERING A ANCESTRAL PROPERTY, WITHOUT ANY OF PARTIES (SUCCESSORS)NOT BEEN PRESENT THE TIME OF REGITRATION,& ALSO HE HAS REGISTER ON THE STRENGTH OF gpa OF ONLY ONE PERSON IN THE FAMILY? a} CONSEQUENCE OF THIS COMPLIANT?
b}ACTIONS OF THIS COMPLIANT?
7}WHAT IS REGISTRATION RULES OF REGISTERING A ANCESTRAL PROPERTY?
Dr J C Vashista
(Expert) 01 January 2014
Engage a local lawyer, give him brief, vakalatnama and fees who will take care of your case in a professional manner.
