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Need advice regarding purchase of land
14-Jun-2023 (In Property Law)
I am going to buy a plot from a second owner(name: X) of the plot who has all the original documents and who has bought this plot from the first owner (name: Y)or original allotee of the plot ten years back. X is maintaining/enjoying the property and paying all the necessary property taxes since then. Y has did a registered GPA to some 3rd party (name: Z) and Cancelled the GPA which is also registered before Y sold it to X. Now Since I am buying plot from X, I am asking for original copy of both GPA and cancelled GPA from my vendor(who is X) from whom I am going to purchase the plot. But the X is saying that he is not having the original GPA copies rather only xerox copies of originals. So my question is the GPA original is mandatory for me to buy that plot from X ? Or is it suffice if I ask him to get certified copies from registrar office ? However X is having all other original documents and ready to submit me during purchase. Also is it safe to purchase the plot from X?
Sir,
In your problem you have informed that X is the 2nd owner and Y has sold the property to the X.
You further told that Y had executed GPA and also GPA is Cancelled.
There after the Y has sold the property to the X
Here the copy of the GPA does not require. Because earlier sale transaction was done by Y only to the X. Moreover before the said Sale Transaction the aforesaid GPA is cancelled. Therefore the GPA Holder do not have any right over the property.
And the X was in Un-disturbed possession from the date of purchase.
1. In case if your want the Copy of the GPA for record purpose, you can apply at sub register office on the basis of the copy of the document,.
2. Please ask your vendor to provide up-date Encumbrance of last 15 years. It will cover all aspects.
In your problem you have informed that X is the 2nd owner and Y has sold the property to the X.
You further told that Y had executed GPA and also GPA is Cancelled.
There after the Y has sold the property to the X
Here the copy of the GPA does not require. Because earlier sale transaction was done by Y only to the X. Moreover before the said Sale Transaction the aforesaid GPA is cancelled. Therefore the GPA Holder do not have any right over the property.
And the X was in Un-disturbed possession from the date of purchase.
1. In case if your want the Copy of the GPA for record purpose, you can apply at sub register office on the basis of the copy of the document,.
2. Please ask your vendor to provide up-date Encumbrance of last 15 years. It will cover all aspects.
Helpful?
27+
27+
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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1) Y has did a registered GPA to some 3rd party (name: Z) and Cancelled the GPA which is also registered before Y sold it to X.
ANS: REGISTERED GPA S cancelled hence no problem
2. GET Certified copies of GPA.
3.you bring all other documents (xerox) to office we ll verify,
this property is clear TITLE or NOT.
ANS: REGISTERED GPA S cancelled hence no problem
2. GET Certified copies of GPA.
3.you bring all other documents (xerox) to office we ll verify,
this property is clear TITLE or NOT.
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30+
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Adv. Raj Kumar
Bangalore | 25+ Answers
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legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the principal) is called a Power of Attorney. The agent can have broad legal authority or limited authority to make legal decisions about the principal's property and finance. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.
When someone transfers any immovable property through GPA, it does not convey any rights or title or create any interest in respect of such immovable property in favor of such person as only a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, does so”, this was stated by the Honorable Court in one of their ruling.
When someone transfers any immovable property through GPA, it does not convey any rights or title or create any interest in respect of such immovable property in favor of such person as only a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, does so”, this was stated by the Honorable Court in one of their ruling.
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Adv. Vedashree A
Bangalore | 500+ Answers
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Just check the link between X and Y whether they are relatives or business partners. Get the certified copies of the GPA from Sub Registrar office before purchasing it and check the verify whether any interruption or any litigation pending against the property at jurisdictional court that you can verify through property documents like Form No.15 etc then you can go ahead for purchasing.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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