Ben (Lead) 05 January 2010

Purchase through GPA

Hi, I have bought a property recently which is owned by X. X had given GPA to Y to sell. Actually, Y is builder who bought from X through GPA, but GPA does not mention any money as consideration. GPA mentions that X is unable to manage the property so Y can sell and do anything in favor is X and that this GPA is irrevocable. The GPA is not registered, but executed in front of notary. Only X has signed in the agreement and has been executed in around June 2005.

X left India after GPA and settled in Japan now. I bought this property from Y through this unregistered GPA through a bank loan (I had lot of difficuty in getting this loan as this GPA is not registered). All the original documents including mother deed are with Y.

Before purchase, I gave a public notice in the newspapers that I am buying this property from Y with 7 days of notice time. I asked for a sale consensus letter from X and Y provided me one, which I am not sure is original.

Now, will I get any legal problem with this purchase?

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2010

In the sale matters, the GPA is required to be registered. Why didn't you see all the facts before you reached to an agreement for sale?

Now you have no opion but to get sale-deed in your favour by way of GPA favouring Y. Manage the registering authorities and get the work done otherwise you shall have to face a lot of problem in future...........

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m.arunprakaash (advocate) 05 January 2010

correct position of law is when any gpa authorised to sell immovable properties then that gpa should be authenticated by sub-registrar of a place where the pricipal resides according to section 32 of the Indian registration act 1908. In your case gpa authenticated one before a notary publice is irregular one.

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Ben (Lead) 12 January 2010

I had got my sales deed registered in sub-registrar office (signed by GPA) and I did not get any problem in that.

I also provided public notice that I am buying from GPA.

Will these both solve my problem?