Purchasing joint owned property money asked to submit to 1party only

I am purchasing flat from a joint owned property that is mother and unmarried daughter . mother is first party and daughter is second party. BT daughter is now in Germany on job and she gave GPA to her father to excite the deed. And now father demanding to give entire amount to first party by way of DD. And daughter also given her consent through email to gave entire amount to mother. What can I do

Answers (3)

231 votes

Here as you told there is GPA from daughter. Here 2nd party represented by her father through the said GPA.

As you told, the GPA and the holder of the GPA desires that the amount should be drawn in the name of First Party by way of DD

Please mention the same in the recital of the Sale Deed with regard to transfer of the sale consideration to the account of the First Party

For that said Deed, make husband of the First Party as a CONFIRMING PARTY - and arrive him in his personal capacity as a husband of the First Party not as GPA. He can be the holder for second party not for the first party. Therefore he can be the confirming party of receiving sale consideration.

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265 votes

Dear Friend,

Answer as under
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. It may be noted that in some states, such a power of attorney itself will have to be stamped and registered. The above view takes support from the judgement of the Supreme Court of India pronounced in October 2011 in the matter of Suraj Lamp and Industries Pvt. Ltd vs the state of Haryana and others. In this judgement, the Supreme Court has reiterated that GPA transactions are not “transfers” or “sales” and that such transactions cannot be treated as completed transfers or conveyances; however, nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The Supreme Court has further held that GPA transactions may also be used to obtain specific performance or to defend possession under section 53A of Transfer of Property Act, 1882

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195 votes

As the GPA is given by daughter to her father. You need to pay her share to the father he being the representative of daughter through GPA. If mother has also given GPA to father then you need to refer both GPA and give to father.

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