Sachin 19 September 2024

Property initially sold using unregistered gpa

Hello

I was recently told about a property which i was interested in. the layout was formed using a land jointly owned by Husband/wife. The wife later gave site wise unregistered / notarised GPA to the husband in January 2010.

Using the same GPA the husband executed the sale deed on the same date to the buyers.

First query i have is , is the unregistered GPA good in this case , i have been told by few legal experts unregistered GPA is a complete NO in Karnataka even though its executed in 2010

Second , as the land was owned by Husband / wife and wife gave the GPA to husband , does that make the unregistered GPA stand in court if any claim by any legal heirs of the wife who gave the unregistered gpa.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 19 September 2024

In the year 2010 it was not mandatory to execute the POA deed by a registered document.

The wife has given power to her husband and the joint owner of the property, hence there is no question of any legal heir claiming any rights over the property that belonged exclusively to the husband and wife

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 19 September 2024

An unregistered GPA is not valid. Why did the wife give GPA to her husband and the husband sold the property on the same day? The wife could have jointly sign the sale deed. The buyer from whom now you want to buy the property is in possession of the property since 2010. He can claim that he is in adverse possession of the property for more than 12 years which is the period under the law of limitation. Still it will be a risky purchase for you.