Sale cum GPA
sada
(Querist) 03 February 2010
This query is : Resolved
!!!Great to have this forum!!!
Need your help!!
My property has been registered on my mom's name after my father's death and this their own property...
i have 1 elder brother and elder sister...
My brother has got my Dad's central govt job and is married and have children.
My sister is also married and was given all facilities.
iam looking after my mom since my brothers marriage as he is leaving saparately ever since and does not give any money to my mom...
my mom has already written her "will" stating her property should only belong to Me in 2005.
and recently my mom wanted this to be more secure and has registered a Sale cum GPA on my name...
and she wants me to change all the Municipal, electricity, water bills on my name...
Could you please advise if there are any further legal obligations to get my name registered with the local municipality...?
will there be any problem with my brother/children etc...?
will the property transfer to my wife and children after my Death...?
R.R. KRISHNAA
(Expert) 03 February 2010
If the property stands on your mother's name, she is entitled to give it you by way of WILL or Settlement Deed or Gift Deed.
Sale cum GPA has no relevance in your case.
It is advisable that your mother simply executes a registered Settlement deed and thereafter you can change all other government records in your name. (It is also better than you get your brother's and sister's consent for transfering the property in your name in writing to avoid future legal complications).
If you perfectly do the above, in future after your death the property will devolve on your wife and your children only. Dont worry.
sada
(Querist) 03 February 2010
thank you for your prompt response...
Will has been already written by mom in 2005...
but however looking at the circumstances (my brother have already taken my Dad's job and also want the property) so my mom decided to register the property on my name now but the cost was too high for me to pay... so we went to the registor office and there a lawyer/document writer advised me and mom on Sale cum GPA...
so we got that done...
can you advise if this registration has no value at all... i have paid rs.25000?
cant i change my name on municipality bills etc..?
also could you please advise me as to what is Sale cum GPA...?
Please advise if my mom can excecute Settlement Deed or Gift Deed now after the Sale cum GPA has been registered...?
please advise the cost for Settlement Deed or Gift Deed...?
sada
(Querist) 03 February 2010
Apologies, but this was a question from a different user (can an agreement of sale & GPA be clubbed into one document)
and which has some intresting answers like
Expert : Y V Vishweshwar Rao
Posted On
08 October 2009
I agree with Mr Vishal and Mr Kiran PV
it is Common practice in AP that Agreement of Sale cum GPA will be executed & Registered in the name of the Purchaser .
However, the nature of both parts of the document are deferent , but clubbed in one document and required stamp duty and Registration charges will be paid, on both parts of document , as assessed by the SRO - I think there is no hurdle in this regard !
and
Expert : Y V Vishweshwar Rao
Posted On
09 October 2009
Dear Kiran Kumar
In AP we are following the Agreement of Sale-cum-GPA in favour of the Purchaser and it will be in Two parts- First part will be General sale Agrement and Second Party will be General Power of Attorney in favour of Purchaser to Sell the proerty .The Stamp Duty is
1 % of SRO Value with usual Registration Fee!
So also Development Agreement-cum-GPA in favour of Developer/Builder in respect of the Builder Share-for Sale!
AND I AM BIT CONFUSED ON THE ANSWERS HERE... IS THE LAW SAME FOR ALL STATES OR DIFFERENT STATES HAVE DIFFERENT LAWS...?
Raj Kumar Makkad
(Expert) 03 February 2010
Local amendments have been made almost by every State so this is not strange if Andhra practice of GPA along-with agreement to sale is prevalent which is not found in my State Haryana.
So far present quarry is concerned, I completely agree with Krishnaa.
sada
(Querist) 03 February 2010
thank you for your prompt response...
"Will" has been already written by mom in 2005...
but however looking at the circumstances (my brother have already taken my Dad's job and also want the property) so my mom decided to register the property on my name now but the cost was too high for me to pay... so we went to the registor office and there a lawyer/document writer advised me and mom on Sale cum GPA...
so we got that done...
can you advise if this registration has no value at all... i have paid rs.25000?
cant i change my name on municipality bills etc..?
also could you please advise me as to what is Sale cum GPA...?
Please advise if my mom can excecute Settlement Deed or Gift Deed now after the Sale cum GPA has been registered...?
please advise the cost for Settlement Deed or Gift Deed...?
