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Fooled into buying land using GPA but not through Sales Deed
29-Aug-2023 (In Property Law)
Dear All,
My mother had been paying installments since 2008 for plot in Goti area of Nagpur and finally in 2018 were also asked money for Stamp Duty & Registration charges. But Agent had made a registered power of attorney rather than the Sale Deed(or conveyance deed). I think this means title ownership has not been transferred to my mother.
1. Is it legal to buy Land using GPA?
2. What if someone holding the GPA dies? do i get the land or it gets back to original owner?
3. What legal action options available against those agents?
4. And at last, how to convert GPA into sale deed keeping my mother as owner?
Thanks in Advance for any advice.
Dear queriest, as per your query if your agent has made General Power of Attorney that means the land doesn't come under the new provisions, therefore the agent must have made General Power of Attorney. secondly if the GPA dies there land will be hold back by the original owner. for other two points you have to contact me to discuss it in detail.
Helpful?
Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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You cannot purchase the Property from someone having Power or Rights through General Power of Attorney to sell such Property, as it deemed as Illegal and Invalid transaction by the Supreme Court of India. If anyone wants to transfer his Property on the basis of Power of Attorney, then he has to create Special Power of Attorney, get it registered before Registrar of Assurances & as such Holder of such Special Power of Attorney for and on behalf of the Owner can sell such Property to the preferred buyer by the owner or by him
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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