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Purchasing a land from a GPA holder
27-Oct-2023 (In Property Law)
Dear Sir, I am planning to purchase a property. The owner of the land has passed away. The property now as per law is distributed to his wife and 5 children. Now one of child (Aged 30yrs) has been made a GPA (registered). Can i buy the land and register the property in my name from this GPA. without the presence of other legal heirs of the property. Are there any complications ? Pls suggest..
The GPA HOLDER being the son can transfer including conveyance to you. Thoroughly check the contents of GPA to understand what and how much empowerment he has, whether he has powers to sell the property.
GPA holder has the power to execute sale deed. Check the EC for GPA Registration.
A recent Supreme Court judgment has disallowed GPA way of transferring title to the property. But this disallowance made was to curb black money exchanging hands, attempts to avoid payment of stamp duty, not having clear title etc. Hence, get clear about why the family is selling through GPA mode, why not a straight sale?????
Dr Gubbi, Counselor & Advocate, Bangalore
GPA holder has the power to execute sale deed. Check the EC for GPA Registration.
A recent Supreme Court judgment has disallowed GPA way of transferring title to the property. But this disallowance made was to curb black money exchanging hands, attempts to avoid payment of stamp duty, not having clear title etc. Hence, get clear about why the family is selling through GPA mode, why not a straight sale?????
Dr Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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Is notarized power of attorney valid in India?
According to the Indian Evidence Act, an executed power of attorney authenticated by Notary Public is presumed to be properly executed. The Indian Evidence Act section 85 reads as follows: 85. Presumption of powers of attorney. 24-Mar-2018
Should GPA be registered or notarized?
To be valid, a GPA must first be registered with the Sub-Registrar Office. The GPA does not have an indefinite validity period. The GPA is valid during the life of the principal and can be revoked at any time.
Does GPA need to be registered?
Implementing GPA in India
The GPA must be signed and authenticated before the Registrar, Sub-Registrar, or District Officer in whose district the Principal lives.
Is notarised GPA valid in Karnataka?
The Indian Registration Act of 1908 requires that a General Power Attorney be registered to sell, mortgage, gift, exchange, create or release rights. Registration of GPA is mandatory in this case. In this case, GPA notarized is invalid. C. 21-Oct-2017
Purchase of Site thru GPA is valid if GPA is duly registered and stamped. and your not mention clearly howz and which share his selling or he selling his family property, if its owns and his share of land not required to take other members consent if its family property then you have to take their consent. if your not sure about the above in this case it is better go through the entire documents and get legal opinion and proceeds... it is better contact the advocate personnel.
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Adv. Shabuddin B S
Bangalore | 100+ Answers
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