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Venky   05 November 2023

Gpa property

Hi Everyone, 

I am planning to purchase a property in Bangalore which was registered in year 2005 to current owner but the earlier owner got the property through a GPA (General power of attorney) in 1999 which wasn't registered. The current Owner constructed house and living in same property from 2006.

Can I buy this property? 



Learning

 5 Replies

Dr. J C Vashista (Advocate )     05 November 2023

GPA holder is not the true owner and has no right to sell.

Consequently your vendor who have purchased from its earlier vendor i.e., GPA holder was not the titleholder and cannot sell it. uying any such 

Avoid buying such property.

otherwise

Show the title documents to a local prudent lawyer.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     05 November 2023

Yes.  I agree with the expert advice of Dr. J.C. Vashista Sir.

1 Like

Advocate Bhartesh goyal (advocate)     06 November 2023

Since the earlier GPA holder had no valid authority to sell the property so present vendor can't be said a lawful owner of property.A oid to purchase such property.

Charlotte Figueroa   07 November 2023

@basket random There are several reasons why someone might need to give a GPA for property. For example, a person who is traveling or who is otherwise unable to manage their property on their own may give a GPA to a family member or friend. A person who is elderly or infirm may also give a GPA to someone they trust to handle their property affairs.

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

Your problem is that a power agent has sold the property in favor of your vendor even though the the GPA deed was not executed by a registered deed?

Well the power deed was executed in the year 1999 in favor of the power agent and subsequently the power agent sold the property to the current owner in the year 2005.

It can be seen from the above that it was not mandatory to register the power deed during  that time.

It was made mandatory to register the power of atorney deed with respect to the transactions pertaining to immovable properties in the year 2011 by an order of supreme court. 

Therefore it cannot be said that the seller of property was having a defective title in the year 2005, and thus the current owner is having a clear and marketable title to sell the property.

 In my opinion, there may not be any problem to buy this property from the current owner provided all other aspects are checked and found correct by a local lawyer and has furnished the opinion with recommendation.


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