GPA given to someone by previous owner of property is sale valid
17-Sep-2023 (In Property Law)
Sir, We have purchased the 1 acre of land Jun-2016 and we have title deeds for this property and Khatha(RTC) after the purchase.Last month We came to know that the previous owner of this property had done GPA to another person in the year 2007 but the GPA holder was died on july-2016(One month after our property got registered).We came to know about this GPA last month from GPA holder's family member. So please let us know 1.what is our rights of legal holding for this property. 2.How can we proceed with any legal action . 3.What is the power of the GPA holding as the person died already.
Hi,
Few points to be note
1. Is that GPA is registered?
2 is that GPA contains the clues of Right to sell the property ?
3 did you purchased property from the owner or from his family members ? And did you registered it?
If the present owners execute registered sale deed in your name than you have complete title over the property. And if anyone files any legal action, then you can provide sale deed And other property documents which are in your name like khata, RTC, EC and registered sale deed... There will be no value for GPA after the death of. GPA holder .
Few points to be note
1. Is that GPA is registered?
2 is that GPA contains the clues of Right to sell the property ?
3 did you purchased property from the owner or from his family members ? And did you registered it?
If the present owners execute registered sale deed in your name than you have complete title over the property. And if anyone files any legal action, then you can provide sale deed And other property documents which are in your name like khata, RTC, EC and registered sale deed... There will be no value for GPA after the death of. GPA holder .
You are not disclosed from whom you purchased the property.
Till any body question your tittle of the property by court of law, till such time you no need to worry.
GPA Executor dies, the GPA also dies with him, the GPA Holder has no right to act on the GPA, after the death of GPA Executor.
Till any body question your tittle of the property by court of law, till such time you no need to worry.
GPA Executor dies, the GPA also dies with him, the GPA Holder has no right to act on the GPA, after the death of GPA Executor.
As a first step you need to check whether the said GPA is registered or not and further it is revocable or irrevocable and whether GPA state any possession clause. As per law the person in whose favour the GPA is executed has died, his legal heirs cannot claim any right with respect to that property because absolute ownership cannot be transferred by way of GPA. To claim any right in the property absolute ownership should be transferred.
First of all whether the GPA was registered is not clear.
The GPA holder has died after you purchased from the owner. It means, the owner on the one hand has given a GPA and on the other has sold the property to you during the life of the GPA. Here, as stated above, we have to understand whether the GPA is an irrevocable one and whether it is registered.
If the GPA is irrevocable, then, to that extent it does not terminate if the GPA holder is dead.
If the GPA is not irrevocable, then, after the GPA holder’s death it terminates.
But in your case you have bought it during the tenure of the GPA.
Hence, we need to understand the terms found in the GPA, please.
Since we do not know the clauses in GPA, we restrict ourselves as under:
“That GPAs are not valid transfers of ownership. Only registered sale deeds are”.
Q1. Since you have registered in your name and katha is in your name, you are the owner of the property. How legitimate is your ownership depends upon again conditions found in the GPA, TENURE AND REGISTRATION.
Q-2 & 3.You don’t have to recourse to law. The GPA holder’s family may do this to create mischief. They have absolutely no powers in law to move against you as the GPA holder is dead already. It does not matter even if he is dead after you purchased the property on the ground that his death does not transfer any title to the deceased’s family. Since they have no devolving title, they are no one in law to go against you ( locus standi)
Dr Gubbi, Counselor & Advocate, Bangalore
The GPA holder has died after you purchased from the owner. It means, the owner on the one hand has given a GPA and on the other has sold the property to you during the life of the GPA. Here, as stated above, we have to understand whether the GPA is an irrevocable one and whether it is registered.
If the GPA is irrevocable, then, to that extent it does not terminate if the GPA holder is dead.
If the GPA is not irrevocable, then, after the GPA holder’s death it terminates.
But in your case you have bought it during the tenure of the GPA.
Hence, we need to understand the terms found in the GPA, please.
Since we do not know the clauses in GPA, we restrict ourselves as under:
“That GPAs are not valid transfers of ownership. Only registered sale deeds are”.
Q1. Since you have registered in your name and katha is in your name, you are the owner of the property. How legitimate is your ownership depends upon again conditions found in the GPA, TENURE AND REGISTRATION.
Q-2 & 3.You don’t have to recourse to law. The GPA holder’s family may do this to create mischief. They have absolutely no powers in law to move against you as the GPA holder is dead already. It does not matter even if he is dead after you purchased the property on the ground that his death does not transfer any title to the deceased’s family. Since they have no devolving title, they are no one in law to go against you ( locus standi)
Dr Gubbi, Counselor & Advocate, Bangalore
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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