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Validity of GPA property stamped with court of small causes Bangalore
04-Sep-2023 (In Property Law)
A GPA MADE BY Mr A TO Mr B ON 27/2/1984 where it is stamped with seal of "COURT OF SMALL CAUSES", Bangalore and signed by ADDITIONAL JUDGES on 28/2/1984(execution admitted before me(judges)).Further the land was sold by Mr B(as a Gpa holder)through sale deed to Mrs B(2003)>then to Mr C(2008)>then to Mr D(2012)>then to Mr E(2015).Now it's on sale.Can I buy the property?? Notes: 1)EC & TAX RECIEPT ARE UPTODATE. 2)MR E HAS GOT A LOAN FROM A NATIONALISED BANK FOR 75% of GUIDANCE VALUE ,EVEN THOUGH ITS a B KHATA PROPERTY. 3)MR E HAS DOCUMENTS FROM MOTHER DEED-MR Y sold to MR A THRU SALE DEED.
Immoveable property can be transferred; ownership can be transferred only by a registered sale deed and cannot be effected by GPA-Honourable Supreme Court.
GPA Sales do not transfer title, ie., ownership from one person to another. GPA sales do not amount to transfer. Such transfers are void ( nonexistent) from the beginning. Hence, it cannot be a valid way to convey ownership title.
As per Supreme Court, GPA transfers are not “transfers” or “sales”. They can at best be treated as “agreement for sale”.
Court of Small Causes or for that matter courts are not registering authorities. Sub-registrar of the concerned jurisdiction is the registering authority.
This being the position, the title to the property has not been transferred from A to B, IN THE FIRST INSTANCE. Hence, subsequent TRANSFER OF OWNERSHIP TITLE from B to E cannot be recognized in law. “What you do not have as a title cannot be transferred”.
Dr Gubbi S Subba Rao, Advocate Bangalore
GPA Sales do not transfer title, ie., ownership from one person to another. GPA sales do not amount to transfer. Such transfers are void ( nonexistent) from the beginning. Hence, it cannot be a valid way to convey ownership title.
As per Supreme Court, GPA transfers are not “transfers” or “sales”. They can at best be treated as “agreement for sale”.
Court of Small Causes or for that matter courts are not registering authorities. Sub-registrar of the concerned jurisdiction is the registering authority.
This being the position, the title to the property has not been transferred from A to B, IN THE FIRST INSTANCE. Hence, subsequent TRANSFER OF OWNERSHIP TITLE from B to E cannot be recognized in law. “What you do not have as a title cannot be transferred”.
Dr Gubbi S Subba Rao, Advocate Bangalore
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