You have to contact legal heirs of seller to execute registered sale deed in your favour
2)further GPA is not registered andirons cannot be done after 25 years after demise of principal
Registration after GPA agreement after 25 years
Hello sir, My Father had bought a site measuring 30*40 in the year 1995. There was only GPA agreement between the 2 parties. My Father and the seller both are not alive. The original copy of GPA is misplaced. I only have the Xerox copy of the GPA. Can I go ahead and apply for registration of the property in 2021 i.e. after 25 years? There is no will written, I am just a legal heir. Please Suggest me on how to go forward.
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
1. Please obtain certified copy of Family Tree.
2. Based on the property details from copy of GPA, obtain Encumbrance Certificate for the last 30 years.
3. Visit the property shown in the GPA and find out if anyone has illegally occupied it.
4. Based on Family Tree and GPA, you can get the property registered in your name.
If the property mutation papers on your or your father's name as of now. Then you can go for Sale deed Registration by way of paying penalty to government. kindly visit sub registrar office of your nearest area of city.
a GPA firstly does not confer any valid title on the buyer
as the seller is not alive, you will have to now file a suit for specific performance of contract by the vendor/seller by registering a sale deed in favour of the legal heir of the purchaser
the defendants in the proposed suit will be the legal heirs of the seller
i assume you know such legal heirs
a document can be registered maximum within 8 months from the date of signing
a GPA is not even compulsorily registrable
- Since the seller and purchaser already died , then the registration cannot take place after their death.
- Further, if that GPA is registered then you can get the certified copy from the office of the registrar , and on that ground you can apply for mutation of the property in the name of legal heirs.
- Further , if you know the legal heirs of the seller then you can approach them execute a deed .
- Further , if they refuse or unknown , then you can file a declaration suit before the court for declaring owner of the property on the ground of adverse possession as well.
Dear Client,
The xerox copy of GPA will not let you confer any rights as it is 25 years old. As you are a legal heir and there is no will, you will have to contact the legal heirs of the seller and ask for registration of the site.
Thank you
Yes you can apply the same
The unregistered GPA deed is not valid even if both the Principal and the power agent are alive for executing a registered transaction in respect of immovable properties.
Now since both the principal and the power agent are dead, the GPA is not valid hence you cannot get the property registered on your names on the basis of a photocopy of the GPA deed ion your possession.
You may have to approach the legal heirs of the deceased owner to execute the registered sale deed in favor of the legal heirs of your deceased father.
Dear Sir,
GPA ends on the death of its executor. Now you can claim adverse possession and claim it by way of adverse title to the original owner. You simply file a dummy suit a permanent injunction against the proposed trouble shooters thus get such decree and stay safely and if any suit is filed by the legal heirs of deceased owner then you can raise your defence by way of establishing your ownership by way of adverse possession.
