Notarized gpa
Hemantha
(Querist) 13 June 2013
This query is : Resolved
Hi,
I had purchased a flat in bangalore. This apartment was built on Joint Development between Land owner and a Builder(Total of 16 flats).
At initial development stage their was GPA agreement saying 5 flats would be provided to Land owmner as a share.
In June 2010 Landowner had provided a Notarized GPA to builder to sell the 5 flats. Based on that builder sold the 5 flats one of is mine and i got a Home loan on the same.
But builder has not paid the money to Landowner.
Now Landowner has filed a case against Builder and 5 flats owners saying he have rights on his share and he would revert the GPA.
I want to know is landowner case is valid and does it affect me. What is the step which i need to take now.
Please advise on the same.
Thanks
Hemantha
ajay sethi
(Expert) 13 June 2013
1)power of attorney for sale of flats is required to be compulsory registered.
2) in your case power of attorney is only notarised .
3) developer cannot register agreement on basis of notarised POA .
4) if landlord has filed proceedings against developer for failure to pay consideration amount . flat owners should in said proceedings produce evidence of having paid consideration amount to developer . ask for refund of consideration
Rajendra K Goyal
(Expert) 13 June 2013
Agreed with the views of expert Ajay Sethi JI. No more to add.
R.K Nanda
(Expert) 13 June 2013
no more to add.
Raj Kumar Makkad
(Expert) 15 June 2013
Notarized GPA should have been discarded by registrar for the purpose of sale of those 5 flats. It is strange that he allowed a notarized GPA for that purpose.
The case is valid and it is better to persuade the builder to make a compromise with land owner.
