How to get My GPA converted into registry, the gpa was made in 1997

597 votes

Hi there, in this case you'll first have to check with the other party if he is ready to cooperate in getting the registry. If he cooperates then the procedure is simple, you'll have to pay the requisite fees to registrar and get the land registered. If he doesn't cooperate or is not in the scene anymore in that case you'll have to file a small petition in the court and get the land in your name. It's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

768 votes

if your GPA says “irrevocable” and gives you full powers, it does NOT make you the legal owner of the property. As per law settled by the Supreme Court of India, property ownership can be transferred only through a registered Sale Deed. GPA, Agreement to Sell, Affidavit, Receipt = possession & contractual rights, not title. So legally, your name will not be recorded as owner in government land records on the basis of GPA alone.

Advocate Madhvi Chopra LawRato

597 votes

There is no procedure to convert the GPA, ATS affidavit into sale deed except getting the property registered in terms of law before the registrar and pay the stamp duty. The record owner needs to execute a sale deed in your favor. However if the owner is not agreeable or not traceable since the property is old, we can file a declaration suit and get the title recorded through Court order. For any further query feel free to connect. Thanks

Advocate Bhawana Pandey LawRato

537 votes

GPA/ATS does not convey ownership. To get clear title, execute and register a proper sale deed from original owner or his legal heirs. If not possible, file suit for specific performance/declaration as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

682 votes

Under the settled legal position in India, particularly after authoritative judicial pronouncements, a transaction based solely on GPA, Agreement to Sell, affidavit, and receipt does not convey legal ownership or title to immovable property. Such documents may evidence possession and a contractual arrangement, but they do not amount to a valid transfer of ownership in the absence of a registered conveyance deed. A GPA, even if termed “irrevocable” and conferring wide powers, remains an instrument of authority and does not operate as a document of title. The description of the GPA as irrevocable does not override the statutory requirement of a registered sale deed for transfer of ownership. It is relevant that transactions of this nature were commonly entered into in Delhi prior to the change in law, and courts have recognised that such documents can be relied upon to explain possession and prior payment of consideration. However, they do not, by themselves, create ownership rights. A GPA cannot be “converted” into ownership by re-registration or by executing further powers of attorney. To obtain a clear, legal, and marketable title, execution and registration of a sale deed or conveyance deed is necessary. If the original seller is alive and traceable, he must execute a registered sale deed in your favour before the concerned Sub-Registrar, upon payment of applicable stamp duty and registration charges as per prevailing rates. If the seller has passed away, the sale deed would have to be executed by his legal heirs, subject to their acceptance of the earlier transaction and your possession. The earlier GPA, ATS, affidavit, and receipt can be relied upon as background documents but do not substitute the requirement of a registered conveyance. In situations where the seller or his legal heirs are unwilling, unavailable, or disputing the transaction, the available remedy would depend on the specific facts, including the nature of possession, the terms of the agreement, and limitation. In such cases, appropriate civil proceedings may be required to assert or crystallise rights, subject to law. It is also important to verify whether the land is free from acquisition proceedings, restrictions on transfer, or prohibitions under local development or revenue laws. Registration authorities may refuse registration if statutory conditions are not satisfied, irrespective of the age of the transaction. In summary, while the documents executed in 1997 reflect a long-standing transaction and possession, they do not by themselves confer ownership. Legal title can be acquired only through a registered sale deed or conveyance executed by the lawful owner or his successors. The irrevocable nature of the GPA or the powers mentioned therein does not dispense with this requirement.

Advocate Yuganshu Sharma LawRato