Validity of registered sale deed executed by notarized gpa holder
Satheesh
(Querist) 29 January 2014
This query is : Resolved
Dear Sir,
Im planning to buy an apartment in Bangalore & I’m in doubt whether to proceed or not. Here’s the situation -
Person X buys the plot from a bank society in 1988.
Constructs a house covering only 50% of the plot.
In 2000, person X grants a notarized GPA (but NOT registered) to a builder & enter a JDA to build 3 apartments in remaining 50% portion of the plot
Builder sells the apartments from his share to another person Y through registered sale deed in the year 2002
Person Y now has clear title of the apartment in his name
Person X (original plot buyer) expired in 2006
Now I’m planning to buy the apartment from person Y.
I’m worried because the GPA & JDA issued by person X to the builder was NOT registered in the year 2000.
Is it safe to proceed with this apt purchase from person Y ? Can someone from person X’s family claim on the apartment ? Please advise.
Thank you
Anirudh
(Expert) 29 January 2014
You can purchase from Y. There will be no problem.
Satheesh
(Querist) 29 January 2014
Thanks Sir.
Another thing.. both the notarized GPA & JDA agreements are on 100rs stamp paper.
Can this be any kind of problem ?
Also should I ask person Y to get an affidavit/NOC from person X's family ?
Please advise
Devajyoti Barman
(Expert) 29 January 2014
Without making the legal heirs of X party to your deed, it is not wise to buy this property.
Satheesh
(Querist) 29 January 2014
Its a self-acquired property of person 'X'. Do I still need legal heirs of person 'X' to be party to my sale deed ?
Would affidavit or NOC from X's legal heirs suffice ?
Devajyoti Barman
(Expert) 29 January 2014
Yes but better make them confirming party to the deed.
X did not execute registered POA in favour of the builder.
Satheesh
(Querist) 30 January 2014
Dear Sir,
I just happened to see another similar post in this forum and the expert opinions (including yours) differed from the above responses obtained here.
Here's the other post I'm referring to -
http://www.lawyersclubindia.com/experts/Validity-of-saledeed-executed-on-notarised-power-of-attorney-345826.asp#.UumyaPmSy8C
In my case, the property is self-acquired. I'm now confused about the response.
Another thing.. person X's second son has signed as the witness on both notarized GPA & JDA docs. Person X's first son is settled in abroad & person X's wife & their only daughter reside in the same city. All legal heirs were major when the notarized GPA was signed by person X. Now they are reluctant to sign any additional docs inspite of explaining them the situation and they don't interfere with any dealings pertaining to the apartments.
I wanted to know if the problem here is the notarized GPA which is not registered or is it because that the person X's legal heirs haven't signed on the GPA.
Please advise.
Thank you.
Dr J C Vashista
(Expert) 30 January 2014
Mr. Satheesh,
The notarised GPA & GDA documents will have to be gone through and find out number of queries such as whether Mr. X had agreed to give vacant plot to builder? under what consideration? whether the builder has right/authority over the plot for sale?
If yes, go ahead.
Rajendra K Goyal
(Expert) 30 January 2014
The documents have to be seen before any advise.
In the given fact i agree with the advise of expert Devajyoti Barman ji.
ajay sethi
(Expert) 30 January 2014
better consult a local lawyer before purchasing the property
Satheesh
(Querist) 30 January 2014
As per the JDA, builder owns 2 apartments (58% of total super built up area) and the land owner settled for 1 bigger apartment (42% of total super built up area).
My concern is that the GPA is not registered. However the current owner (who is willing to sell the property to me) is claiming that its valid because registration of GPA was not mandatory in the year 2000.
Moreover the current owner's name is now incorporated in all municipal records & he has lived there for past 12 years.
Devajyoti Barman
(Expert) 31 January 2014
Mere Municipal record does not perfect the title.
I would recommend you to add names of X's legal heirs. Better remain safe than sorry for ever.
Satheesh
(Querist) 31 January 2014
Thanks for your inputs sir.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
I think you should not have any problem in buying the property from Y because he is the absolute owner of the property you intend to buy now. The builder who had a JDA as well as GPA in his favor sold the property to Y during the year 2002 at which time the original owner, i.e., the Principal of the GPA holder was alive and presumed to have ratified his agent's act, therefore the purchase by Y, if considered to be valid and accordingly all the revenue and municipal records were transferred on Y's name, purchasing the property from Y is also valid for which there is no need to obtain any consent from the heirs of X. Therefore I do not find any legal infirmity in this purchase by not obtaining consent from X's legal heirs.
Satheesh
(Querist) 06 February 2014
Thanks Mr.Kalaiselvan.
I just wanted to highlight the fact that both JDA & GPA were not registered in the year 2000 as it was not mandatory during that time, however the GPA was notarized.
Will that be a problem ? Pls advise.
Dr J C Vashista
(Expert) 07 February 2014
Already very well advised by experts, stop this thread please. Engage local lawyer.
R.V.RAO
(Expert) 28 February 2014
sri burmanji said it right.better be safe then being sorry later.
