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Can I purchase a land through GPA
13-May-2023 (In Property Law)
I have planned to buy a land in gurgaon on search i got to know some one is plotting near Maruti Kunj Road they are providing GPA for the land ownership and saying registry is closed this time when the registry office open you can register this land till than do your construction and live here with no problem. Now my question is this type of land is safe to buy, can i register a plot with the GPA given by the seller, Registry of land can be done in unauthorized colony and if i made a construction on GPA Govt. authority can demolish the construction.
You can register the plot when the office opens but you cannot register if the office is not open. You cannot make GPA on illegal construction which is a govt. Property or any other property. In such case in order to avoid risk you shall not book any plot in govt. unauthorized colony which has the risk of being demolished.
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Adv. Siddharth Gupta
Gurgaon | 100+ Answers
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The Supreme Court has held that immovable property can be legally and lawfully transferred or conveyed only by a registered deed of conveyance. Therefore, since sale agreement, GPA and will transfers do not convey any title, they do not amount to transfers. Such transfer documents cannot be recognised as deeds of title. However, the Supreme Court has also said that any genuine or good-faith transactions would not be invalidated by the decision. Thus, even if you make a POA now eventually to perfect your title it must be registered.
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Adv. Rohan Mittal
Panchkula | 200+ Answers
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YOU SHOULD NOT PURCHASE LAND WITHOUT REASONABLE INQUIRY FROM OFFICIALS CONCERNED. USUALLY PROPERTY DEALERS UNAUTHORIZEDLY DO PLOTTING ON AGRICULTURAL LAND WITHOUT CHANGE IN LAND USE, AND PROPER DOCUMENTATION. SUCH PLOTTING OF AGRICULTURAL LAND IS ILLEGAL AND THERE CAN BE NO GUARANTEE OF THE SAME BEING REGISTERED EVER. REGISTRY IS NOT CLOSED, BUT IS NOT BEING DONE OF AREA WHICH IS UNAUTHORIZED. YOU MAY PURCHASE SUCH PROPERTY ON YOUR OWN RISK, AND ANY STRUCTURE MAY BE DEMOLISHED BY AUTHORITIES ANY TIME.
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Adv. Vivek Nasa
Gurgaon | 200+ Answers
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