Registration of property with notorised gpa of 1987
Srinivas
(Querist) 17 February 2013
This query is : Resolved
Sir,
Person A has the Notorized GPA issued jointly by B (father) CD (Sons)for the property in 1987, which clearly mentions authority for sale, collection of money, transfer of katha ..etc in Bangalore north, well develpoed area. Holder A has enjoing the pocession & paid the conversion charges. Presently it is offered for sale and the executors of GPA are not traceable. The katha & Katha extract shows as 'Holder' & PID no. is available for taxes. EC is avalable from 87 to tilldate. The Records of Right mentions as the B & agriculture, Later dates as BDA, which is common in the entire area shows the same. Also a letter from the Sub registrar in request for the copy of title deeds for the original documents mentions as the `old documents pertially spoiled'.
Now question is can this property be registered to the new buyer by GPA holder, Is it valid. Can the Title get transfered to the new buyer?
Legally what is the methods to transfer if the Executor of GPA are not traceable?
Anirudh
(Expert) 17 February 2013
Please indicate whether the name of "A" appears in the records as the holder of the property or not.
In other words, whether the name of "A" has been entered in the official records on the basis of the GPA or not?
Whether the EC shows Mr. A has the owner/holder of the property or not?
Srinivas
(Querist) 17 February 2013
EC & all other sub registrar documents shows owner as B only. I belive it is due to non registration of notorized GAP. But the Katha & extract shows as `Holder'
Raj Kumar Makkad
(Expert) 17 February 2013
Unregistered GPA has no value in eyes of law for the purpose of sale.
prabhakar singh
(Expert) 17 February 2013
Unregistered GPA has no value in eyes of law for the purpose of sale OF IMMOVABLE PROPERTIES.
prabhakar singh
(Expert) 17 February 2013
BUT IT WOULD BE VALID FOR SALE OF MOVABLE PROPERTIES.
Devajyoti Barman
(Expert) 17 February 2013
Make fresh execution of deed of conveyance.
Srinivas
(Querist) 18 February 2013
Thanks but issue here is the orginal executors of the GPA are not traceable. Hence is there a way to establish they are untraceable and execute the sale deed signed by GPA.
some one was mentioned me that, the Notorised GPA can be registered even now, but how it can be without orginal executors?
prabhakar singh
(Expert) 18 February 2013
Then get the same registered through that "SOME ONE"WHO TOLD YOU.
WHY WASTING TIME ?????
TO ME "SOME ONE" IN OUR FIELD ARE TOUTS.
Srinivas
(Querist) 18 February 2013
Sorry if u are mistaken, I was told by a agent in the Sub registrar office, but I don't want to follow & take the wrong path. Hence I am following somany details in the web, thought to take the proper detail. I had just read one of reply to a query that states as follow:
If the POA is signed before 1990 and it notarized you can proceed with the help of locale lawyer,second option you can contact to the original owner and take the consent for the agreement.
http://www.lawyersclubindia.com/forum/Property-registration-without-registered-gpa--63570.asp
My query was raised as the POA is signed in 1987 and wanted to go through legal if it is right as my money is stuck with them.
prabhakar singh
(Expert) 18 February 2013
YOUR" money is stuck with them" BECAUSE YOU ACTED AS THIEF ON ESTATE EXCHEQUER FOR WHICH I AM NOT GOING TO ADMIRE YOU.
I AM NOT AWARE OF THE LAW YOU KNOW OR YOUR MEN KNOW!
Srinivas
(Querist) 18 February 2013
Sorry, if the forum is mistaken, I paid an token advance of Rs. 10,000 only. Later understood the transaction is from POA. Started to understand from different sources abour POA.
As I am not able to put the query clearly, this leads to misunderstanding.
Also the advance amount is small, I may not be able to take major steps. So I though I can enquire legal experts in the forum & try to find out if methods are available.
Otherwise inform the owner of his mistake OR bear the penaulty for my mistake if the amount is not returned.
Ashok Yadav
(Expert) 20 February 2013
Be cool Prabhakar ji,.........
He is layman and does'nt know the like you. Thats why he is raising questions.
Mr. Srniwas, unregistered GPA has no value in the eyes of law. If you have any Agreement to sell executed by these person then your work can be done, but tell me first if you have only SPA or Agreement to sell also.
Srinivas
(Querist) 20 February 2013
Thanks ashokji, That was a GPA, mentionining all stuff like power to sell, lease, collect the money, transfer the katha, to make will... bla bla bla. I should have uploaded the scanned copy, but you know fools has tongue up and brain down.
As say goes, a wise is the one who realises as soon as the peny flow before pound. So I had already initiated to cancel the purchase. Even the agent was laughed at me, mentioning they have otained the katha, PID number with this GPA and in pocession from somany years. but I laugh now after knowing better thousands flows than lakhs.
Thanks for the forum.
