Sc disagree the sale of immovable property through gpa
sachin
(Querist) 19 September 2011
This query is : Resolved
"judgement made by the Hon'ble Supreme Court that each P.O.A. involve immovable Property must be Registered before Sub Registrar office and the Parties should pay the Proper Stamp Duty as per the value of the Property and Registration fees"
Can any one cite this , Since I told to my local lawyer that notarized GPA hold can't sale the property he is asking me the citation Can any one please help?
Shastri J.K.
(Expert) 19 September 2011
GPA holder can do every things on behalf of you .
ajay sethi
(Expert) 19 September 2011
it is well settled law that if power of attorney holder is selling immoveable property then tthe POA must be registered . sub registrar office wont accept document for registartion unless POA is registered
sachin
(Querist) 19 September 2011
But unfortunately the sub-register have accepted the notarized GPA and approved the sales deed in 2009. what I have to do now
R.Ramachandran
(Expert) 19 September 2011
Dear Sachin,
Please bring the complete facts - (i) where is the property situated (ii) who gave the GPA to whom and when and for what purpose (iii) when was the sale effected and sale deed executed. In what way you are connected with the issue and what is your objection?
sachin
(Querist) 19 September 2011
i>the property is situatied in Bijapur (karnataka)
ii> the poperty joint owner are my father and my aunty (my father's brother's widow) given GPA to convert Non-Agree land in that GPA one point is mentioned as "After the layout plan; he shall execute the agreement and sale deed in favor of purchasers of the said said land plots." recently my father passed away when we took the revenue record there if found the other's name , there are totally 62 plots in which he sold 23 plots. iii>the GPA was given in 2003 and the sale of deed was executed by him on 2009 without informing us my father passed away in 2010
R.Ramachandran
(Expert) 19 September 2011
Did your father or aunt receive any consideration from the GPA holder either at the time of constituting the GPA or when he sold the plots in 2009? Is there any mention about the consideration in the GPA?
Devajyoti Barman
(Expert) 19 September 2011
The supreme court in a recent decision has made it clear that the transfer made by the constituted attorney on the strength of a notarised GPA is not vitiated one and it is the valid transfer.
prabhakar singh
(Expert) 19 September 2011
Mr. Sachin!
It has always been there ,the supreme court has laid nothing new in this respect.
sachin
(Querist) 19 September 2011
in GPA in one point its mentioned that after completion of NA we are we will give 45% to him and in other point it also mentioned that if dispute happens between (him and my patent) we should pay the expenses made by him.
neither my father nor my aunt given got any consideration from him?
Now the question is all the sale deed made by him can be cancelled?HOw to proceed in this way
Sailesh Kumar Shah
(Expert) 20 September 2011
Dear Sachin
you are asking query again with some new fact.if you attached GPA AND copy of sale deed. I shall reply you.
