Registration procedure for gpa property.
Prem
(Querist) 18 August 2014
This query is : Resolved
Hi,
My parents are jointly holding a GPA property which was made in the year 1990.
My father expired 10years back, and now we actually wanted to register the GPA property to my name and my sisters(Jointly).
The principle owner of the property who gave GPA to my parents is Alive.
Please give me some idea on how to get registered the property as mentioned earlier.
Regards,
Prem
Advocate. Arunagiri
(Expert) 18 August 2014
Principal is alive.
Who is the agent, whether he/she is alive?
ajay sethi
(Expert) 18 August 2014
since GPA was made in favour of your parents on their death GPA ceases . ask the principal to execute sale deed in your and your sister favour
Prem
(Querist) 18 August 2014
Thank you for the Reply....
Yes Agent is Alive.
My Father is expired but my mother is still alive, does she have rights over the property????
2. Since the property was already purchased in 1990, what will be the registration fee.
If sale deed is created on my and my sisters name, should i pay only registration fee????
Prem
(Querist) 18 August 2014
Thank you for the Reply....
Yes Agent is Alive.
My Father is expired but my mother is still alive, does she have rights over the property????
2. Since the property was already purchased in 1990, what will be the registration fee.
If sale deed is created on my and my sisters name, should i pay only registration fee????
Rajendra K Goyal
(Expert) 18 August 2014
Consult a local lawyer and show him all the documents.
Prem
(Querist) 18 August 2014
Thankyou Mr. Rajendra K Goyal....Thanks a lot for the input.
Anirudh
(Expert) 18 August 2014
Dear Mr. Prem,
It is not clear in which City you are living or the property is located.
In any case, please note, that if the original seller who is alive is ready to come and execute the Sale Deed in your favour YOU WILL BE THE LUCKIEST. You have to get the SALE DEED prepared correctly. In fact the earlier GPA, sale consideration given etc., has to come out in the SALE DEED. You have to get this job done through a lawyer.
NOW THE NEXT BIG THING IS THAT THE STAMP DUTY WILL BE PAYABLE ON THE CURRENT CIRCLE RATE and not on the sale consideration which your father gave in the year 1990.
Advocate. Arunagiri
(Expert) 18 August 2014
You have obtained only GPA in 1990, you can not say it is a Purchase.
If your mother is alive, she can execute the sale deed in favour of your sister.
The stamp duty is payable as per the market rate prevailing at the time of registration.
Prem
(Querist) 19 August 2014
Hi Sir,
Thank you for the Valuable Input.
By luck the principle owner is ready to co-operate. And I am taking the process further with the help of lawyer. Since i dont have much knowledge on this issue,All your inputs are much helpful.
Thankyou all for the Inputs.
Prem
(Querist) 21 August 2014
Hi,
With above input, i have proceeded with the process.
But my lawyer wants to register the property in someother sub-register office. Can we do it this way.
I am in Bangalore. He wants to register the property in Bangalore only but in another sub-register office.
Please let me know if it can create any issue.
Prem
(Querist) 21 August 2014
Hi, Also we have house built on this land, is good if we register the land+House,is it going to affect in future?
Regards,
Prem
Anirudh
(Expert) 21 August 2014
Dear Mr. Prem,
I consider you to be a man with some intelligence.
Can't you even think that when there are several Sub-Registrar's in a City, naturally they will have demarcated jurisdiction and only those properties that fall within their jurisdiction can be filed before them? In other words, if a property falls under the jurisdiction of sub-registrar "A", the same cannot be registered in the office of Sub-Registrar "B".
Registration of property in a City in any office of the Sub-Registrar is possible only if there is such an arrangement.
Please check up, if that facility is there, please do it. Otherwise you have to do it in the jurisdiction of the sub-registrar in whose control your property falls.
You purchased land from the land owner. Whether the land owner will be executing the SALE DEED for Land + Building is a big question. If he does, you will have other problems in your hand relating to Income Tax.
Please get only the land transferred. In the sale deed, it should be very clearly narrated that the property was originally sold through GPA on ....... by getting consideration of Rs. ......., and the buyer has already raised a building on the said land.
However, as the transfer of land by means of GPA does not give clear title to the buyer without registration, the Seller is now executing the present SALE DEED only in regard to the land to regularise the sale transaction of land, the building having been constructed by the purchaser out of his own funds long back.
The buyer has agreed to pay the stamp duty on the current prevailing circle rate.
In any case, your lawyer has to take care of these nitty gritties to save you and the land owner from any trouble from any other quarter like income tax etc.
Prem
(Querist) 22 August 2014
Thank you Mr.Anirudh.
Regards,
Prem
Prem
(Querist) 28 August 2014
Hi, Done with the sale deed registered on my name and my sisters name jointly (yesterday).
Now i am worried about khatha.
Should i apply for new khatha????
Or Should i go for khatha transfer????
I am ready to pay taxes, but i need khatha in my name.
Please give your feedback on this issue.
