Property confusion
Karan
(Querist) 05 May 2012
This query is : Resolved
Sir,
i've purchased a floor in delhi .The owner of the property was not in India therefore he gives GPA to his nephew we purchased the floor through proper sales deed and paid full stamp duty .The problem is after reading the article from times of india about cancellation of all GPA tranfer after october 2011 , i figured out that the property was not having any title i mean the person from whom we purchased the property was also having registered GPA that he had from the person he purchased the property .But i've purchased the property from him through proper sales deed .So i wanted to know whether my purchase is void or its fine.According to the sales deed i'm the owner of the floor.
I've purchased the floor after october 2011 and the owner was having GPA of 2008 and he sends the GPA to his nephew after october 2011.So please tell me whether my purchase is void or not as per supreme court orders.
Adv.R.P.Chugh
(Expert) 05 May 2012
Dear Mr.Karan,
Having seen your problem, and in light of latest Delhi Govt. Notifications made in pursuance of Supreme Court Judgement in Suraj Lamp & Industries v. State of Haryana & Ors. (2011 SC) I have the following to opine :-
1. The Supreme Court has outlawed properties being sold through GPA prospectively i.e after Oct.2011. They won't confer any title/right or interest. Since the person you got the property from had recieved it before that time. His title if otherwise OK there shouldn't be any problems.
2. The fact that he gave the GPA to his nephew in India (I am presuming that since Sale Deed has been registered on that basis the GPA has been notarized by Indian Consul in Seller's country + registered with Sub-Registrar) if that's the case - the transaction through GPA stands 100 % valid. For the reason that property sale has been effected not via GPA but through agent holding GPA, this transaction is as good as seller selling himself.
The Supreme Court has expressly and categorically held in above judgment that bona fide GPA's executed to enable relatives etc. to deal with or sell property continue to hold valid.
No need to worry.
Feel free to talk !
Karan
(Querist) 05 May 2012
Thank You Sir for your reply.I just wanted to know that do i need to verify this from registrar office or i've become the proper owner of the floor.And one more doubt sir that the person was having registered GPA of the whole building and i just owned a single floor so do i need to file some additional documents for the seller right of the floor or my sales deed is enough for this.
Shonee Kapoor
(Expert) 06 May 2012
Repeated query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
