Purchase site on sale deed registered on gpa
Manjunatha Holla
(Querist) 10 October 2012
This query is : Resolved
Please clarify whether can I buy a plot which has a sale deed executed by GPA holder.
The case is follows:
1. One Mrs. X has purchased a plot in 1993 and the sale deed got registered at sub registrar office Bangalore by the GPA holder ( not by the owner of the plot) and he signed the sale deed on behalf of the original owner.
2. Mrs. X is now having the BBMP "A" khatha,
paying all the taxes, paid betterment fees.
3. EC is in the name of Mrs. X
My question is whether can I buy the plot from Mrs. X now, in the light of SC judgement of Oct 11 which is banning all the transfer of property executed on SA/GPA.
Since I have to invest my retirement funds in the plot, I do not want to burn my fingers at this age.
Thanking you,
ajay sethi
(Expert) 10 October 2012
it would be prudent to engage a local lawyer before purchasing the property as you are investing your retirement funds .
in the present case Mrs X has purchased the property through GPA . property has been regd in her name . she is selling the property to you not a power of attorney holder . you can purchase said property .
but get agreement drafted by a lawyer . let him do due diligence
Manjunatha Holla
(Querist) 10 October 2012
Sir,
Thanks for the reply. But, it appears that
I did not make it clear in my question.
Mrs. X has purchased site, but the seller has
the GPA (Mrs X did not buy the site through GPA). The sale deed got registered - Seller represented by GPA and buyer Mrs. X. The purchase took place in 1993 when it was under village (gram thana). Later on BBMP, has accepted the betterment fees from Mrs. X and given "A" khata. Hence, Mrs. X has Non encumrance certificat, Khanta in her name for the site.
My question is, since the orginal owner of the site did not sign the sale deed, and GPA holder only signed it as seller, and Mrs X has signed the sale deed as buyer, will it make any difference now in the ownership of the site.
Local lawer has given a clearance stating that selling under GPA IS VALID prior to Oct 2011, and SC verdict is only for actions after Oct 2011.
Thanking you, Sir,
ajay sethi
(Expert) 10 October 2012
no it wont make differnce in ownerhsip of site . Mrs X is bonafide owner of property . you cna purchase property from Mrs X but it is necessary o go through the papers before purchasing the property
Manjunatha Holla
(Querist) 10 October 2012
Sir,
Thank you very much. I will definitely give the papers to the local Advocate ( Who deals with property case) before making the final sale deed by me.
I once again sincerely thank you for giving reply and helping me in making a decision.
with regards,
Manjunatha Holla
