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bhabhu (lecturer)     12 June 2012

How safe is gpa in buying property

Hi Everybody,

I need to know the legallity of the following situation. 

Mr. A is the owner of a site in bangalore allotted by a  *** employees association.

In the sale deed executed by the ** employees association to Mr.A, tells that 10 years from the date of sale deed execution cannot be sold to others nor leased.  If done, the *** employees association can take the possession of the site.

Mr. A passes away and his legal heirs wife Mrs.x, son's Mr.y , Mr.z and daughter Ms.g (unmarried) gets the khata in their names of the same property.

Mr. B executed a sale agreement with the legal heirs and it is registered agreement.  Stamp duty is also paid. 

Due to non availability of NOC from the *** employees association, (pending from past one and half year), Mr. B is now thinking of going for registered GPA from the four parties in his name.

 

what will be the Pros and cons of registered GPA for the above situation?

Once the GPA is registered, on this basis can he construct house, or get bank loan in his name?

After obtaining NOC from the *** employees assocation, can the same property be registered as sale deed in his name or his family members name?

Please suggest me!!!!!



Learning

 1 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     15 June 2012

If there was a condition about not selling for 10 years and if it was also made binding on the legal heirs then the heirs cannot sell the property.

If Mr. B has purcahsed it even though he was aware of the issue, then he has to wait for 10 years to elapse after which he can obtain the NoC from the association
.

But since he already has a stamp duty paid and registered agreement Mr. B does not have to worry about his title except that he has to wait until the 10 years are over and he gets the NoC. He can get and keep the PoA until then.

S Jadhav


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