Property tranfer through gpa.
Karan
(Querist) 05 May 2012
This query is : Resolved
Sir/Mam,
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 purchase the floor after October 2011 and the person was having registered GPA of 2008 and he sends the GPA to his nephew from US after October 2011 . So please tell me if my purchase is void or not as per supreme court order .
Advocate Rajkumarlaxman
(Expert) 05 May 2012
if the GPA is registered in 208 it is valid and it clearly states that GPA registered /executed after oct 2011 will not b conisdered for tranferrrin the title.
Shonee Kapoor
(Expert) 06 May 2012
Yes, if it was before Oct 2011, then you have nothing to worry.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Anirudh
(Expert) 06 May 2012
Dear Mr. Rajkumar and Mr. Shonee,
The October 2011 has no sanctitity as far as the legal position that any sale of immovable property effected only through GPA/WILL (without proper execution of SALE DEED/CONVEYANCE DEED by payment of requisite stamp duty/registration charges) is not valid.
Even the Supreme Court has said so.
However, what the Supreme Court has said was, if on the basis of such GPA/WILL etc., any mutation has already taken place in the official records, the same will not be disturbed. IN CASE, NO MUTATION HAD ALREADY TAKEN PLACE, IRRESPECTIVE OF THE FACT THAT THE GPA/WILL WAS DATED PRIOR TO OCTOBER 2011, THEY WILL NOT BE VALID.
Therefore, the significance of October 2011 has to be understood in the context.
Having said so, I have to say that as far as the fact situation given by the Querist, since he has already got the SALE DEED Registered, though the same has been executed by a Constituted GPA, the same is valid and the querist need not worry. IN THAT CASE ALL THAT HAS TO BE SEEN IS WHETHER THE PERSON WHO GRANTED THE ORIGINAL POWER OF ATTORNEY WAS ALIVE ON THE DATE ON WHICH THE SALE DEED WAS EXECUTED. If the person in whose name the property stood in the official records was not alive on the date when the SALE DEED was got executed, then the same will be invalid.
However, in such cases, the party has to make use of the WILL left by the deceased to perfect the title.
