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Pendyala Vasudeva Rao (Advocate)     19 October 2011

Validity of GPA

Dear Expert!

A purchased a residential plot from C who is a Gpa holder cum puchaser.

Instead of sale regisration C purchased it from D with Gpa registration mentioning the the property was purchased and got gpa to do all all transactions on behalf of D.

Is it valid before law with recent SC judgement?



Learning

 9 Replies

M.Sheik Mohammed Ali (advocate)     19 October 2011

when did you purchased before judgment of SC or after judgement of court.

Krishnamurthy (Propreitor)     19 October 2011

may the recent judgement of SC on GPA please be explained

Bhavani Sankar Mahanti (Law Officer)     19 October 2011

Yes, If A purchased by way of sale/ conveyance deed from C it is valid.  He can transfer the property on behalf of D, C will not claim owner ship basing on GPA. 

In this Judgement SC stated that No person hold the property through GPA or SA. If any person holds the property through GPA or SA, he is not having right title, interest over the property. He will not get mutations in his favor in Municipal Records or Revenue Records.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 October 2011

if the property purchased before this judgement then no need to worry but not after.

Nishant (Lawyer)     20 October 2011

GPA  have it's own act , So  without paying stamp duty is invalid but after regirtered GPA & stamped too , it is valid . owner must  be present before registrar, GPA   are unattached part of all deals , So Powers of  acts & property can be given but  stamp duty to be paid , it was there even before judgment of SC. SC * government want more stamp duty & no invalid transactions , So judgment is for that . But from stamp duty government getting taxes from all sections of people , So tax payers are not 8% now they are like 100% from the past 35 years .  stamp duty increases from 2 % to 27% from last 15 years . Is it not double taxation on all indians .

Nishant (Lawyer)     20 October 2011

27 %  from all income taxes &  getting more year by year , So now a days politicians pays elections funds by stamp duty charges from last 15 years , good know

what government is giving in return of stamp duty as comfort ?  mp duty , I think   these  black britishers are worst than real britishers.

Pendyala Vasudeva Rao (Advocate)     20 October 2011

Dear Experts!

A puchased it in Feb 2008.

Nishant (Lawyer)     20 October 2011

valid purchase

R.Ramachandran (Advocate)     01 November 2011

Dear Mr. Vasudeva Rao,

If 'SALE DEED'  has been executed and registered in your favour then you will have a complete 'title' to the land.  If you have not got the SALE DEED registered in your favour, then merely having GPA in your hand will not ensure proper title to the property.  In other words, without execution and registration of the SALE DEED, the  purchase transaction of immovable property in your favour cannot be said to be legally complete. 


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