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How to transfer property to the buyer through sale deed or GPA


23-Apr-2023 (In Property Law)

I have purchased a property in Rohini about 3 years back in Dec-2012. At that time I have not purchased it through sale deed but with GPA. Now I am selling that property and buyer want me to give him sale deed only and not GPA. When I went to the original seller (Say Mr. X) to get sale deed registered in my name so that I can transfer the property to prospective buyer then Mr. X denied in doing that by giving reference to many income tax sections. Could you please suggest me a solution so that I can transfer the property to prospective buyer.

Answers (3)

Answer #1
967 votes
A property maybe transfered by way of sale deed or GPA. Further transfer can only happen by way of the first instrument. If you have a GPA in your favour, you can either get sale deed registered in your favour using the GPA. In which case the GPA must be registered with the concerned tehsil. If not, the original owner will have to execute sale deed in your favour first.

If nothing goes through, you can do a further GPA in favour of you buyer who will basically step into your shoes qua the rights to the property.

Trust this clarifies the position.
Answer #2
674 votes
Have you seen the property paper before purchasing the said property? Go and check the registrar office to whom the property is registered. Frankly speaking as per law you are not the actual owner. Talk to previous owner once again. I would suggest you to sell out this property as soon as possible. Best of luck.
Answer #3
672 votes
Look i hate to break the news to you that pose the judgment of the SC in Oftober 2011, sales on basis of GPA are illegal and can only be done by a registered sale deed . Hence if terstwhile owner is not executing the sale in your favour, the only option you have is to file a suit for specific performance . Kindly feel free to contact for detailed lefal opinion.

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