Sale is illigal through gpa

Sri Nadeem,

I have just heard about the SC judgment on GPA in a local news.

Thank you very much. 

Thank  you very much Nadeem 

still this citation has given exceptions. There are no of articles on this issue in articles section of this site.

What will happen the sale through GPA before this judegement

Dear Pamaranchennai,

Any sale before or after this judgement is void legally. You may convert such sale using GPA into a regular sale deed with the consent of the actual owners and by paying the appropritate stamp duty charges applicable in your respective states

No whereabouts of Principal from 1985 and Attorney passed away 3 years back.Power agent executed a settlement deed to his son,son sold to new purchaser.

Can we justify this as adverse possession with a limitation period of 19 years tacking another 5 years of new purchaser

Dear Sirs,

What about the title of purchasers who have purchased the property from the attorney holder? The main question arises here is that whether the purchaser will hold a clear and marketable title of the property purchased from the registered attorney holder? In the present era, there is a common practice of executing power of attorney between the land owner (principal) and builder (attorney holder) for further sell of property to customer. Shall the customer hold a litigation free title of property purchased from such registered attorney holder? What is the intention of the SC of India? This will impact a huge number of customers who have purchased the land from the registered attorney holder by executing the registered sale deed. Please interpret the judgments of SC of India On this issue. Your valuable advices are awaited.

With regards

D.K.Sahoo

Dear dilip kumar,

The persons who have purchased the property from the attorney holders have imperfect title and the transfer is illegal. One cannot obtain clear title by buying from a person having imperfect title.It is true that this will impact a large number of innocent buyers, but the age old principle holds good here 'buyer beware'.

Thank you Mr.Vish for your reply.If the person holds an imperfect title,how is it possible to get the Record of Rights from the concernced tehsil by initiating a mutation case.It is not clear to me.In one way the purchaser of land from attorney holder holds an imperfect title and other way the tehsil provides Record of Rights to the Imperfect title holder.AS we know the holder of ROR is the real owner of the land.

Dear Dilip Kumar,

Mutation is for revenue purposes only( property tax assessment). It does not give any legal right to the person whose name is found in the revenue records.So in your case, the new GPA holder will get his name mutated in the revenue records , which is perfectly legal.( only thing is that if the question of ownership arises- he will be in poor light).
 

Thank you dear Vish.The case is like that the real owner gives the registered POA to the attorney holder then the attorney holder sells the property to  a third part vide a registered sale deed.Now the third party, who purchased the property vide registered sale deed by paying the stamp duty and registration fee, got his name mutated in the revenue records.in the above background, shall the third party hold a valid and marketable title of the said property or not? Thanking you in anticipation.

Do not worry mr Sahoo, all registrations prior to SC Judgment by GPA are valid. Even subsequent to SC judgment in cases where GPA is resorted to avoid paying proper stamp duty are hit by the judgment. The law has not changed drastically for people to get worried. 

After being puchased the property from the registered attorney holder vide a registered sale deed,what is the best way for the new owner to deal with the power of attorney earlier executed by the previous owner infavour of the attorney holder?

Dear Sahoo,

Get a sale deed executed in favour of the new owner from the actual owner.