Gpa regularization
Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
WE HAVE A FLAT OF LOCAL HOUSING AUTHORITY ON GPA
WE HAVE TWO GPA ONE IN MY NAME FOR MANAGEMENT AND ONE IN MY WIFE NAME FOR SALE
AS PER LOCAL HOUSING AUTHORITY FOR TRF OF FLAT IN OUR NAME ONE CONDITION IS THIS THAT WE WILL NOT HAVE ANY HOUSE IN OUR NAME SAME TOWN -BUT WE HAVE ONE HOUSE
AFTER SC VERDICT WE HAVE O REGULARIZED THE GPA -
CAN WE TRANSFER TITLE TO OUR SON/DAUGHTER BOTH ARE MAJOR
OR
WHAT TO DO
HOW TO REGULARIZED THE SAME BY GPA
Advocate Rajkumarlaxman
(Expert) 01 November 2011
You can transfer either to your son or daughter not a problem. do it.
sanjeev murthy desai
(Expert) 01 November 2011
If such GPA is unregistered then you cannot transfer to children. Law does not provide any specific manner for regularize the gpa unless with in 4 months from the date of execution.
Shailesh Kumar Shah
(Expert) 01 November 2011
can be transferred through registered Power of Attorney.
bhupender sharma
(Expert) 01 November 2011
PoA is not a valid titile in view of the judgement of the Hon'ble Supreme court which is reteriated in 2011 Case titled is Suraj Lamp & industries V/s State of Haryana and others.
Advocate Rajkumarlaxman
(Expert) 01 November 2011
even a unregistered GPA can be used and interpreted for transfer if its contents can show and depends upon the facts and circumstances. there is a latesT judgement of Supreme coURT ON THIS. I WILL ATTACH THE SAME PLEASE GO THROUGH THIS
Shailesh Kumar Shah
(Expert) 01 November 2011
Shri Rajkumarlaxman
I am waiting for judgement.
Thanks
with Regards,
prabhakar singh
(Expert) 01 November 2011
UNLESS THE JUDGEMENT COMES THAT Shri Rajkumarlaxman MENTIONS,YOUR WIFE, IF HAVING REGISTERED GPA WITH RIGHT TO SALE AND THAT DONOR OWNER IS ALIVE,CAN EXECUTE A SALE DEED
IN FAVOR OF ANY BODY SO ALSO IN FAVOR OF YOUR/HER CHILDREN.
BUT IF DONOR/OWNER IS DEAD THEN EVEN IF THE GPA IS REGISTERED IT HAS EXPIRED WITH HIS DEATH.
THE BEST COURSE THEN IS THIS THAT IF DONOR OWNER IS ALIVE AND GPA IS UNREGISTERED THEN GET THE SALE DEED EXECUTED BY THE REAL OWNER IN FAVOR OF YOUR CHILDREN EVEN IF YOU COME ACROSS ANY JUDGEMENT THAT LAYS THAT AN UNREGISTERED GPA IS VALID FOR SALE OF IMMOVABLE PROPERTY ALSO.
prabhakar singh
(Expert) 01 November 2011
In alternative it may be also understood by us that those power of attorneys which after execution supported by affidavit are deposited in DISTRICT/or HIGH COURTS u/s 4 of the power of attorney ACT 1882 are deemed to be valid.
The relevant provision is given below::
4. Deposit of original instruments creating powers- of- attorney.- (a) An instrument creating a power- of- attorney, its execution being verified by affidavit, statutory declaration or other sufficient evidence, may, with the affidavit or declaration, if any, be deposited in the High Court within[ or District Court] 1[ the local limits of whose jurisdiction the instrument may be.
(b) A separate file of instruments so deposited shall be kept; and any person may search that file, and inspect every instrument so deposited; and a certified copy thereof shall be delivered out to him on request.
(c) A copy of an instrument so deposited may be presented at the office and may be stamped or marked as a certified copy, and, when so stamped or marked, shall become and be a certified copy.
(d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court.[ or District Court] 1[
(e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b) and (c). 2[ .
(g) This section applies to instruments creating powers- of- attorney executed either before or after this Act comes into force.
