Gpa and agreement to sale document
Vipul
(Querist) 11 May 2014
This query is : Resolved
I have bought a dda flat (leased)property. This property is sold 6 - 7 times on GPA and Agreement to sale. Now i want to make this property free hold. When i saw all the GPA and Agreement to sale i found that one of the GPA and Agreement to Sale have some problem.
Third no of person sold the property and transfer his GPA and "Agreement to sale" to husband and wife.
GPA made on wife name and agreement to sale was on Husband name in 1993. After that husband had sold the property and transfer all the document to next party and next party sold property to us and transfer all the document with our name. We have bought this property 10 year back.
Now my question is:
1) Who have right to sold the property (GPA holder or the person who have agreement to sale).
2) if only GPA holder have this right what should i do now to make my property register as free hold.
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
As matter of fact the properties sold on GPA has to be established its due diligence with the conveyance deed in favour of the GPA holder and he only has the right to further sale and not the person who is having his name in the agreement to sell with out any basis.Merely getting signed an agreement do not complete the Contract which is enforceable by law under the Contract Act 1872.Sec 2(h).
My answers are :
1) Only GPA holder in due course is having the right to sell the property.
2) You are requested to meet the under signed in person with all required documents so that any way out can be created in such situation. Please note my professional services are charged and not free by any means.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
Click "LIKE" in appreciation of the above answer.
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Email: advicelaw1@gmail.com
Ph: 9582144748
ajay sethi
(Expert) 11 May 2014
it is necessary to go through the documents cited by you to advise . if property is standing in name of husband he can execute GPA in favour of his wife to sell the property .
you have said property has been transferred 7 time s by GPA . please note that it is necessary that sale deed ought to be executed in your favour to confer legal title on the said flat . sale deed ought to be duly stamped and registered
Rajendra K Goyal
(Expert) 11 May 2014
All the documents and papers need to be seen before any advise.
In the given facts agree with the expert ajay sethi ji.
Anirudh
(Expert) 11 May 2014
The property being a Lease Hold property under DDA, you have to indicate the following:
(i) In which year did you purchase it?
(ii) Whether the said property was mutated in DDA Records prior to your purchase?
