THE GPA DOCUMENT IS IMPORTANT IN SALE OF LAND BY GPA HOLDER IS REQUIRED?
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
"A" is ("A" full property is self acquired property as per the records. One acre of land is purchased and a layout has been formed. In that layout, we are planning to purchase a 30*40 1200 sq ft vacant land.)
“B” is GPA HOLDER for "A"
On 2005 "A" Given a GPA to "B”,
(GPA registered in SUB-REGISTRAR OFFICE.)
“C” is another party
On 2006 “C” purchased the same land from "B" that is GPA HOLDER FOR “A”
(SALED DEED registered in SUB-REGISTRAR OFFICE.)
“D” is our selves.
Problem is: The “C” has all the original documents like sale deed, khatha, tax paid receipts etc but she doesn’t have GPA original copy. She is ready to sell the property to us (D)
The Encumbrance Certificate reflects the transaction been happened in 2006 in between the GPA HOLDER and “C”. It also mentions clearly that “B” is the GPA HOLDER FOR “A” and SALE DEED REGISTERED IN THE NAME OF “C” but the GPA copy is missing.
1. Let me know who is having right in this property.
2. We can buy this property or if we buy there will be any problem in future.
3. I can say that while “C” is selling the property to “D” (OURSELVES). We can take a witness signature from “A” because “A” is the landlord and her GPA holder sold the property to “C”
Kindly do the needful
Devajyoti Barman
(Expert) 09 May 2011
1. C is the rightful owner if at the time of sale , GPA in favour of B was validly existing.
2.Yes subject to fulfillment of clause 1 above.
3. Yes, you can.
Querist :
Anonymous
(Querist) 09 May 2011
Thank you very much Sir, (Devajyoti Barman). Actually the problem is there is no GPA copy. The landlord "A" also doesn't have the GPA copy and also the owner "C". The GPA holder "B" sold the land to "C" but there is no GPA original copy. "C" wants to sell the property to us. She has all the documents but she doesnot have the GPA COPY. Is there any other way to solve this problem without the GPA COPY. Actually the original owner "A" is ready to sign where ever we required in front of the sub-register and also she is ready to give the NO OBJECTION CERTIFICATE. Please help me and is there any other way to solve this problem without the GPA COPY. Here three people are involved. "A", "B' and "C". A is the original owner, "B" is the GPA HOLDER FOR A. "B" sold the land to "C" now "c" is the owner. Kindly do the needful.
M/s. Y-not legal services
(Expert) 09 May 2011
Yes. Right now C is the right full person to sale the property.. Because the gpa Holder b sold the property to c. Its a legal sale. So c can..
M/s. Y-not legal services
(Expert) 09 May 2011
As a witness A's signature not mandatory.. Just any witness enough.. If its possible mean ask A to put his signature.
M/s. Y-not legal services
(Expert) 09 May 2011
Then for your information the copy of the power of attorney does not a matter. Because the power of attorney gave power to B. When B sold the property to C, then now c is the owner of the property. now the power of attorney is nothing use.. So if the sale between b and c is properly registered mean just don't worry about the copy of g.p.a
Devajyoti Barman
(Expert) 09 May 2011
Then obtain a certified copy of the GPA.
It is very much key to the success of your case.
If the GPA was not validly executed or validly not existing when the constituted attorney sold the property to your predecessor in interest then good title gets vested in your favour.
Querist :
Anonymous
(Querist) 10 May 2011
I thank both of you sir (Devajyothi Barman and Tom) for your valuable response on my case. Today I asked for the certified copy of the GPA but the owner "C" has only the XEROX COPY OF THE GPA COPY, REGISTERED SALE DEED GIVEN BY THE GPA HOLDER, TAX PAID RECEIPTS, KHATHA, ENCUMBERENCE CERTIFICATE, RTC, MUTATION, ETC. She doesn't have the ORIGINAL GPA COPY. All other documents are genuine. His there any other way to solve this problem without the GPA COPY.
Kindly do the needful.
Thanks in advance.
Advocate. Arunagiri
(Expert) 10 May 2011
You can apply for the certified copy of the GPA.
GPA copy is indispensable.
