Purchasing joint owned property asked to pay whole amount to 1party

879 votes

It is not a problem as the daughter has sent an Email stating the payment to be made in the name of the Mother. That document is a crucial Piece of evidence in case any potential disputes arises. However, while drafting the sale deed you must explicitly and clearly mention the GPA holder's role, how the payment came to be made in the name of the mother through the approval of the Germany consisting of an Email. Also, get a written confirmation letter signed by the daughter stating the mode of payment as Emails can be manipulated and deceived under fraud names.

LawRato LawRato

550 votes

Dear Friend Ans to your problem,

A sale is not possible with an unregistered GPA.Therefore the sale can be challenged in the court and the deed of sale cancelled.
You don't need to file a writ petition to get information.You can file a petition under RTI and obtain information or get a reply.
It may be noted that a GPA granted in favour of any person with respect to any immovable property per se does not convey any right or title or create any interest in respect of such immovable property in favour of such person. Immovable property can be legally transferred/conveyed only by way of 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, 1908. Of course, a power of attorney can be granted by the party transferring the property (transferor) to the party to whom the property is to be transferred (transferee) for the purposes of granting authority to the transferee to execute the conveyance/sale deed in favour of the transferee, and registration of the conveyance/sale deed on behalf of the transferor. However, such a power of attorney itself would not grant any right, title or interest in the immovable property in favour of the transferee, and a conveyance/sale deed would be required to be executed, stamped and registered for this purpose.

Advocate Hareesha Arksali LawRato

751 votes

Add a clause in the sale deed that as per the request of 2nd party the whole sale consideration amount is paid in favour of 1st party ..

Advocate Narendra MN LawRato