Regarding govt compensation and ownership of title
sharath
(Querist) 31 December 2012
This query is : Resolved
Hi , we are two sons . my elder brother is settled in states and my mother wanted to give a plot of 200 sqyds to me which is self acquired by her not inherited . so she did GPA CUM SALE on my name which is registered by paying stamp duty for the above transaction applicable at that time,in the sub - registrar office in the year 2004 and my mother purchased in the year 1995. the E.C shows both my name first and my mother's name second .the words on the head of the document are
AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY
We live in hyderabad and GPA CUM SALE is very much valid here as one document , which essentially authorizes the VENDEE (me) as GPA holder and at the same time gives the right to SELL the property to others either in full/partial on behalf of the VENDOR and there is no time clause in it . the plot is coming under buffer zone of lake FTL i mean the place which has to be left free and no construction can take place but we can go for compensation and it has been given either in the form of cash or alternate plot . Compensation will be released in the name of title owner . so here who is title owner me on whom there is a AGREEMENT OF SALE CUM GENERAL POWER OF ATTORNEY registered document or my mom on whom the SALE DEED is there . i have these set of questions .
1) CAN REGISTERED GPA CUM SALE HOLDER (me) ELIGIBLE
, RECEIVE GOVT COMPENSATION ON HIS NAME . IF SO WILL
THERE BE ANY REQUIREMENT / NOT OF ANY NOC'S
EITHER FROM MOTHER AND BROTHER WHILE AT THE TIME
OF RECEIVING COMPENSATION .
2) OR SHOULD I AGAIN GO FOR SALE DEED ON MY NAME .
IF I HAVE TO DO IT SHOULD I HAVE TO CANCEL THE
EXISTING GPA CUM SALE AND AGAIN GO FOR SALE DEED ON MY NAME .
3) IF I HAVE TO HAVE SALE DEED ON MY NAME, CAN I DO
IT NOW OR IS THERE ANY CLAUSE AS SUCH THAT THE LAND
SHOULD HAVE BEEN ACQUIRED BEFORE SO AND SO YEAR FOR
AS PER ANY LAND COMPENSATION ACT .
THE NEW LAND ACQUISITION AND COMPENSATION BILL HAS
BEEN RECENTLY CLEARED IN PARLIAMENT . HOW SHOULD I
PROCEED IN THAT PURVIEW . PLEASE HELP ME OUT ....
SARVPREET SINGH GURNA
(Expert) 05 January 2013
Dear Mr Sharath,
It will help matters if you could throw a little more light on the document ‘GPA cum Sale’ as you have named it. From a legal standpoint, there would ideally be no necessity of a document purporting to be both a GPA and Sale at the same time, as in case of a valid sale on payment of Stamp Duty (as mentioned by you), there cannot be a possible need of a GPA, since the ownership now already stands transferred from the original owner to the vendee i.e. from your mother to you in the present case.
In essence, the compensation can be received by the rightful owner, which would be YOU in the instant circumstances. Since, the property which was hitherto under the absolute ownership of your mother, who has executed a SALE in your favour, on payment of the government mandated stamp duty on sale, stands transferred in your name in the govt. records, there is hardly any question regarding a clean transfer of ownership from your mother to you. Therefore, you need not go for a sale deed de-novo i.e. again and on cancellation of the earlier document.
Further, as regards the new Land Acquisition, Rehabilitation and Resettlement Bill, the intention of the legislature is to ensure sufficient compensation to the displaced land owners, and of course, for the payment of compensation to the rightful owners and not merely the GPA holders purporting to be the real owners. Your situation is not liable to be hampered by the new Bill, which of course has yet not taken the shape of a Statute, as you are the true owner of the property on payment of duties and charges relevant at the time it was so transferred in your name. You needn’t take any 'No objections' from any other party in case of a valid sale and transfer of ownership as already mentioned earlier.
Having said the above, it would still be advisable to reveal the features of the ‘GPA cum Sale’ document in vogue in the city of Hyderabad, as there is no document of such nature popular in the state that you receive this reply from. Nevertheless, I hope the legal scenario as discussed above may be of help to you.
Thank you
Sarvpreet Singh Gurna
Advocate
Raj Kumar Makkad
(Expert) 05 January 2013
Nothing to add in the wise reply of Mr. Gurna.
