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Would the absence of GPA have any significance in the selling process
24-Jul-2023 (In Property Law)
I am the current owner (5th purchaser) of a 1200 sq. ft. BBMP A Katha property in Bangalore. The 1st owner who sold the property in 2001 is a GPA holder - Notarised GPA and not a registered GPA. The GPA has been lost / misplaced. However, all other documents are available. I want to sell my property now. Please advice if the absence of that GPA would have any significance in the selling process? What can be the next steps? Thank you
Sir,
The GPA is not mandatory.
As you informed that you have purchased the said property in the year 2001. Since from the date of purchase you are in peaceful enjoyment of the property as absolute owner. Till today no one has questioned the Sale Purchase nor any one has challenged the said GPA is not valid. Therefore your absolute possession over the said property is proved. Therefore the said GPA is not required.
As you told you has lost GPA, for safety purpose you can file a complaint in jurisdictional police station informing of missing of GPA. This is only to maintain the record track.
One the sale is took place, the purpose of the said GPA automatically become end. After the sale purchase you are become the absolute owner. For verification of tittle over the property the buyer may demand the same. Other wise not required.
The GPA is not mandatory.
As you informed that you have purchased the said property in the year 2001. Since from the date of purchase you are in peaceful enjoyment of the property as absolute owner. Till today no one has questioned the Sale Purchase nor any one has challenged the said GPA is not valid. Therefore your absolute possession over the said property is proved. Therefore the said GPA is not required.
As you told you has lost GPA, for safety purpose you can file a complaint in jurisdictional police station informing of missing of GPA. This is only to maintain the record track.
One the sale is took place, the purpose of the said GPA automatically become end. After the sale purchase you are become the absolute owner. For verification of tittle over the property the buyer may demand the same. Other wise not required.
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Does GPA need to be registered?
Implementing GPA in India
The GPA must be signed and authenticated before the Registrar, Sub-Registrar, or District Officer in whose district the Principal lives.
Is an unregistered power of attorney valid?
It is important to register the power of attorney if you are dealing with executing, transferring immovable properties, or for future security.
Is GPA valid without registration?
To be valid, a GPA must first be registered with the Sub-Registrar Office. The GPA does not have an indefinite validity period. The GPA is valid during the life of the principal and can be revoked at any time.
How long is an unregistered agreement valid for?
Validity of Unregistered Sale Agreement
Unregistered Sales Agreements are legally enforceable, and unpaid stamp taxes can be collected by court order. The contract is enforceable for a period of three years after the date it was executed.
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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