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Can a property be bought with unregistered GPA in 2007? is it legally
30-Sep-2023 (In Property Law)
Hi,nI am residing in Bangalore and planning to purchase a BDA property. nA property got allotted to Person X in 2004 and the same has been sold to person Y in 2007. Person Y(principal) bought this property from person X via GPA(Person Y gave GPA to Father in law) . Now i am planning to buy this property directly from person X(not from GPA holder).However at the time of sale deed, this GPA is not registered in Sub registrar office. EC, PC, Sale deed and Khata are all in Person Y name till date. nI have read multiple forums and went though some registration act Section 33 point C. nAs per my limited understanding based on registration act 1908 and the link https://www.kaanoon.com/145006/unregistered-gpa-but-notarised-done-on-apr-2005-is-valid(as mentioned in Suraj lamp and industries case that before 2011 , it was not mandatory to have GPA registered).I understand the transaction(sale deed , person X bought from person Y via GPA ) is legally valid. Is it correct ? can i buy this property
Unregistered GPA is not illegal and properties can be conveyed through it will be valid. But there are number of decisions affecting GPA and to decide its validity we have to verify and inspect the GPA and the transfer document, besides the circumstance before and after its execution.
Helpful?
Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Is an unregistered power of attorney valid?
It is important to register the power of attorney if you are dealing with executing, transferring immovable properties, or for future security.
How long is an unregistered agreement valid for?
Validity of Unregistered Sale Agreement
Unregistered Sales Agreements are legally enforceable, and unpaid stamp taxes can be collected by court order. The contract is enforceable for a period of three years after the date it was executed.
Is GPA valid without registration?
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.
GPAs that are not registered to sell movable properties do not have any validity. a. The deed must be registered in order to transact with a property through a GPA.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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