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How to convert Sale cum GPA into sale deed
07-Jul-2023 (In Civil Law)
We plane to buy a open plot, but saller is in agrement of sales cum GPA in 2015, we dont know owner is alive or not, theare is any chance to buy this property without intimating to owner or any ligal hires, and any chance to convert that agrement of sales cum GPA to sale deed on the same GPA holder( self sale deed) without intimating to owner ?
Dear Client,
You must inform the owner of the property. As per recent Supreme Court judgement G.P.A. sales will not confer valid title. So go for purchase of land by owner only. I will cite gist of Supreme Court citation. No property sale on power of attorney: Supreme Court
The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.
Gyanant Singh
New Delhi, October 13, 2011 | UPDATED 12:11 IST
A +A -
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."
You must inform the owner of the property. As per recent Supreme Court judgement G.P.A. sales will not confer valid title. So go for purchase of land by owner only. I will cite gist of Supreme Court citation. No property sale on power of attorney: Supreme Court
The court rules that transfer through general power of attorney cannot give ownesrship title to the buyer.
Gyanant Singh
New Delhi, October 13, 2011 | UPDATED 12:11 IST
A +A -
Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.
Navin Raheja, chairman and managing director of Raheja Developers said, "The court's decision will help to curb the circulation of black money to some extent in the real estate sector where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected. However, overall there won't be any significant impact on normal property sales."
Helpful?
370+
370+
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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What is the rule of GPA?
The GPA is calculated using a scale of 0 to 4, which does not include weighting. The difficulty of the course will not be taken into account. It doesnt matter if you get an A or B in a difficult class. The 4.0 will still be the same. Weighed GPAs provide a more accurate assessment of your academic performance. 05-Oct-2022
What is agreement of sale?
Definition: A sale agreement is the contract that specifies the conditions and terms of the sale of property from the seller to the purchaser. These conditions will include the price at which the property is to be purchased and the date for full payment.
What is GPA in sale agreement?
In many parts of Delhi and NCR, buying property via General Power of attorney is still very popular due to its purported advantages. The GPA route is attractive to sellers because it allows them sell their property, even if the title is not clear. 09-Feb-2022
What is GPA with possession?
As an agreement, a GPA can be used as a guarantee to the creditor as well as by a potential purchaser. The creditor cannot register the property under his name due to GPA Sale not being recognized. It can only be for the execution of the sale deed.
Hello,
As the owner of the property is not alive, request the legal heirs of the owner to execute the sale deed in your favor, in place of the original Agreement of sale cum GPA as you cannot transfer the property through Agreement of sale cum GPA. Not intimating the legal heirs of the owner about the sale is illegal and this can put you into trouble when they come to know about the sale and object the same and the litigation may prove tough for you.
As the owner of the property is not alive, request the legal heirs of the owner to execute the sale deed in your favor, in place of the original Agreement of sale cum GPA as you cannot transfer the property through Agreement of sale cum GPA. Not intimating the legal heirs of the owner about the sale is illegal and this can put you into trouble when they come to know about the sale and object the same and the litigation may prove tough for you.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Find the real owners is most important. You are paying hard earning money. Do not compromise. Discuss with them about deal and do not make payment till you satisfied with them. Show these documents to a good lawyer who can deal these type of cases. You personally take EC from register Office or Meeseva rather than GPA holder.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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GPA Agreement does not grant title to property, so a sale cannot be considered valid on the basis of this document. The deed referred to as a "sale deed" written in the form of one is not valid for the transfer of property as per law.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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