Is buying an irrevokable notarised gpa property valid?
Shekhar sriman
(Querist) 25 October 2013
This query is : Resolved
Hi,
I have identified a plot in Bangalore. The price of the property is quite reasonable since I'm buying it from my father's friend.
Issue is:
My father's friend is the GPA holder of this property. He holds an irrevokable notarised (not registered) GPA from the original owner. He had bought this property from the first person in 1985 & then there were no registrations happening & hence he obtained a notarised GPA which was never registered. This is also mentioned in the GPA. It was an ancestral proerty of the first owner and both father & son have given consent to the property in the GPA. Now one of them have expired.
However, few years ago it seems they had made a claim on this property & the matter was taken to a nearby police station where the issue was settled by the inspector by advicing the claimant not to make false claims as the property has been handed over 25 years ago & the matter has subsided. But I'm concerned if they would again make a claim in the future after I buy the property.
As I have mentioned earlier, since i'm getting it for a reasonable price, I'm estimating the risks. If it's too risky, I'm ready to drop the plan of buying it.
Regards,
Anonymous.
bhagwat patil
(Expert) 26 October 2013
If the original title holder of the property is not alive the POA signed by him is null and void. The POA holder cannot sell the property. After fathers demise the son becomes the owner of the property.as you mentioned the son has contented the POA is not sufficient as the original owner is not alive. After you're sale deed he will file a 420 in police station against all of you.
Shekhar sriman
(Querist) 26 October 2013
Will it be safe for me if I take a no objection from the original party in the sale deed by paying him a compensation? if he agrees.
ajay sethi
(Expert) 26 October 2013
we dont reply yo anonymous queries
Shekhar sriman
(Querist) 27 October 2013
I've revealed my name. Could you please help now?
V R SHROFF
(Expert) 27 October 2013
MR. PATIL EXPLAINED IT WELL.
prabhakar singh
(Expert) 27 October 2013
The unregistered notarized GPA is not a VALID and LEGAL DOCUMENT and Your father's friend holder of such GPA can not legally pass on any title to you that is why his offers looks you cheaper.
The owner can create problem any time AGAINST YOU ALSO as notarised GPA holder has no right to transfer on behalf of the owner.
Title is still with owner,GPA holder has only possessory title protectable against third parties but not against owner.
THE OWNER IS ALIVE AND HAS CREATED PROBLEM IN PAST THOUGH SUBSIDED BY POLICE INSPECTOR.
Has GPA holder RAISED SOME CONSTRUCTIONS also?
Devajyoti Barman
(Expert) 27 October 2013
Yes, the GPA ha no vale.
If you wish to buy the property you have tpo get the legal heirs of first owner as confirming party to the sale deed.
