Construction on unregistered land
Kiran
(Querist) 15 February 2013
This query is : Resolved
I have constructed flats on a plot that was unregistered and was on GPA CUM SALE AGREEMENT ACKNOWLEDGING FULL PAYMENT. ULC received and building permission is given.
Q1. How can I regularize the plot without the sellers involvement.
q2. What if I sit silent.
City-Hyderabad
Advocate Ramesh
(Expert) 15 February 2013
In the agreement it self if you would take possession. Then there is no problem. But title is not with your name. If you get proper registration, then only it amounts to full title.
Kiran
(Querist) 15 February 2013
Thanks.What if i do not want to bring seller GPA executor in to picture for registration ss there is a chance that he can exploit the situation.
Anirudh
(Expert) 15 February 2013
YOU CAN NEVER BE ABLE TO REGULARISE THE PLOT WITHOUT A PROPER SALE DEED FROM THE SELLER.
IN THAT EVENT, YOU WILL ALSO NOT BE IN A POSITION TO SELL THE FLATS TO ANYBODY.
Kiran
(Querist) 15 February 2013
THANKS.Any thing called validation. What if i cannot track GPA EXECUTOR.
Kiran
(Querist) 15 February 2013
Can it be done through court.
Anirudh
(Expert) 15 February 2013
Going to Court at this stage will open a pandora's box.
First it is not clear whether the Agreement to Sell has been registered.
It is also not clear in which year you got the Agreement to Sell signed?
If you have GPA in your possession, is it a Registered GPA? If you have a Registered GPA, and if the Executor of the GPA is alive today, then you yourself can execute the Sale Deed in your favour. If the GPA Executor is not alive, then you will have a big problem in hand!
If the possession of the land has been given to you and if the agreement to sell was not registered, then such an Agreement to Sell is not valid and will not be admissible in evidence.
Kiran
(Querist) 15 February 2013
Great. Thanks. GPA is 12 years old. It is registered. Plot is in my possession..
Q1. Can the executor trouble me.
Q2. Can i enjoy the property without selling by leasing out .
Thanks in advance.
Anirudh
(Expert) 16 February 2013
You have not answered many of my queries like -
Whether the Agreement to sell/purchase is registered?
Whether the GPA is registered and whether the GPA Authorises the GPA holder to sell the land?
Whether the GPA Grantor is alive today?
Raj Kumar Makkad
(Expert) 16 February 2013
Rely the relevant queries raised by Anirudh and then post your remaining queries agains here.
Kiran
(Querist) 16 February 2013
Dear sirs,
1.GPA CUM AGREEMENT FOR SALE IS REGISTERED.
2.PERMISSION TO SELL IS GRANTED.
3 I DID NOT TRY TO FIND WHEREABOUTS OF GRANTOR UNDER FEAR OF POSSIBLE DEMAND/TROUBLE.
APPRECIATE YOUR VERY PROMPT SERVICE
ajay sethi
(Expert) 16 February 2013
you have been grossly negligent . had you spent some money on legal fees you would have been in a better situation today .contact a local lawyer . show him the papers of the case . contact the grantor
prabhakar singh
(Expert) 16 February 2013
AS YOU NOW STATE "1.GPA CUM AGREEMENT FOR SALE IS REGISTERED.
2.PERMISSION TO SELL IS GRANTED.
3 I DID NOT TRY TO FIND WHEREABOUTS OF GRANTOR UNDER FEAR OF POSSIBLE DEMAND/TROUBLE."
YOU DO NEED TO LOCATE OWNER TO ASCERTAIN HE IS ALIVE.
ONCE YOU FIND HIM ALIVE YOU CAN SAIL THE BOAT ALONE WITHOUT HIM BECAUSE HIS REGISTERED GPA AUTHORIZES YOU TO SALE AND THAT WAY YOU CAN STILL SALE EITHER TO YOURSELF OR TO ANY BODY ELSE OF YOUR CHOICE.
BUT IN CASE HE IS DEAD YOU CAN NOT NOW MAKE IT A MARKETABLE PROPERTY.
R.K Nanda
(Expert) 16 February 2013
take help of local lawyer.
