Link from Rani to Sita is weak as the same is through Krishna (unregistered GPA). From Sita to Lakshmi to came through proper procedure. The weak link between Rani and Sita pertains to 2001. As limitation for recovery of property is 12 years, it will be difficult to Rani or her legal heirs to reclaim the property. you can proceed with deal with Lakshmi. it is safe.
Property is brought using GPA but sold by actual owner
I am planning to buy a BDA property. In the past the BDA allottee (Rani) has sold the property to a builder. Builder (Krishna) has brought the property via GPA(not registered) for his daughter (Sita). After few years his daughter (Sita) has directly sold to another person (Lakshmi). now we are planning to buy this property from Lakshmi. In the EC also the handover is as below 1. Rani to Sita (Represented by her GPA Holder Krishna) 2. Sita to Lakshmi Now GPA is lost. is it safe to purchase this property? GPA holder is passed away The transaction between Rani and Sita via GPA Krishna has occurred in the year 2001 Just to be precise when the next sale was done actual owner Sita has registered the property to Lakshmi
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
Yes, it is safe, because the last owner of the property was Sita who sells this property to Lakshmi and you are planning to purchase the property from Lakshmi, hence, there is no issue if GPA Holder is expired or GPA has been lost. Go ahead if there property is suitable for you.
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Hi, as per facts you have stated, nothing to be worried. You can purchase the same.
Don’t purchase the property as seller dies not have original documents of title
Dear sir,
The second copy or certified copy of the GPA can be obtained from concerned office and then you may proceed for the case.
1. Since the property was transferred through GPA long back, the limitation period has also elapsed, for this particular reason you can't hold back your decision of buying the property.
2. However, it's advised to show the property papers and obtain legal opinion from a Lawyer, before proceeding further.
Ask Sita to register FIR for lost of GPA and give two advertisement in good running daily newspapers one I English and one in local language than you can proceed with sale deed.
Without the original GPA deed, it may not be advisable to buy the property.
This GPA deed also falls in line along with other documents establishing the chain or link of title documents.
If you still want to take risk, you may better produce all the relevant documetns before an advocate in the local and obtain a roper legal opinion and proceed only if recommended.
Dear sir,
if you can get/buy any other property which is non disputed then why to enter into such property which is under such problems and later you be a part of such problems.
you can easily buy other property. But if yo still want to buy this property, you can but in future what if the ownership of the property becomes a question.
1. The said GPA was not registered.
2. Moreover, the said unregistered GPA has also been lost.
3. It will not at all be prudent on your part to buy the said property.
sir
property cannot be transferred by GPA. it can be transferred by sale deed only. find the original owner in papers and get the property registered in your name by sale deed. this is the safest method. otherwise you can live in the property but you will never own it. there are few other methods but cannot be discussed on portals. contact advocates for customized advice.
- As per the Supreme Court Judgement in the matter of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana , A sale transactions carried in the name of Sale agreement /GPA/WILL etc, have no legal sanctity , and immovable property can be sold or transferred only through registered deeds.
- Hence the said transaction between Rani to Sita was legal , specially when that GPA was not registered and related to each other .
- Further, as the GPA has been lost and SITA expired , it means there is no title deed in favour of SITA ,
- Further, you cannot get certified copy of that lost GPA , as it was not registered.
- Hence, my advise not to proceed for purchase , as legally that property devolved in the name of Rani till date, i.e. her legal heirs can create a problem for you .
Hi
Since SITA is the original owner of the property (by virtue of sale deed executed by Rani in favour of Sita), the sale deed executed by Sita in favour of Lakshmi is valid and you can proceed to buy from Lakshmi.
The GPA issued in favour of Krishna is only to the extent of registering the property in favour of SITA and as such the said GPA is only for presentment of papers at registration office for registering the documents in favour of SITA and no right, title, interest will derive on KRISHNA (GPA holder).
Also since Krishna has died, the GPA becomes infructuous by operation of law on account of death of agent(Krishna).
So, you can proceed to buy the property from LAKSHMI without any fear or favour.
Hope this information is useful.
