GPA is not Title: Supreme Court

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A recent supreme court verdict is quite significant, in disallowing “General Power Of Attorney” (GPA) as a legitimate way to transfer property title.

Concept: GPA based sales went like this:

  • I own a property that you want
  • You pay me money to buy it from me
  • You don’t intend to keep the property, you want to sell it for a higher price
  • You don’t register a sale deed in your name, because that will involve your paying registration fees and stamp duty (can be 5% to 12% of the property value).
  • Instead, you take a power of attorney in your name, which means that you act as my “attorney” in both selling the property I own and receiving money on my behalf.
  • When you find a buyer, you register the transfer in that person’s name saying that you’re my representative (as my attorney). This time, registration fees will be paid, but for two transactions, fees are paid only once.

The “General” part of the GPA entitles the holder to do anything with the asset. (as opposed to “specific powers of attorney” where you limit the rights of the holder)

The GPA concept was being used in a number of ways:

  1. To avoid high registration fees as described above.
  2. To stash black money or avoid scrutiny. Since you do not need to disclose a GPA as an asset (it isn’t one) people can “own” property without anyone ever getting to know. Plus think of how good this is for politicians or public officials – they have to declare their assets, but since a GPA isn’t an asset….
  3. For land grabbing. Find the owner, make sure he sells to you through a GPA; then sit on the land for years until it appreciates; then sell it. The risk here is that the seller could realize that the GPA means nothing to land authorities, so he might resell the land to someone else without the GPA holder knowing. (This kind of deal is often where mafia and politicians are involved)
  4. For owning agricultural or restricted land: Since many states impose restrictions on who can own property (Himachal Pradesh) or who can own farmland (only “agriculturists” in most states), people use the GPA route to circumvent these laws.
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Where are GPAs legitimate?

If you were living abroad and owned a piece of land in India, you’d want someone local to handle the small bits of work – like collecting a cheque, signing the registration deed etc. The idea isn’t to transfer your property to the GPA holder, it’s to enable a transaction.

What did the Supreme Court say?

That GPAs are not valid transfers of ownership. Only registered sale deeds are.

But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.

According to a ToI article:

The verdict is likely to affect a large number of property owners. A senior lawyer who vets sale documents for a leading bank estimated that around 70% of property sales in Delhi take place through GPA and SA.

Apartment owners in societies which have not got a completion certificate will find themselves on a sticky wicket because these flats cannot be converted into freehold. Until now, these properties could be sold through GPA and SA. The new ruling will effectively mean such apartments cannot be sold. Experts also say the verdict will raise the market value of freehold real estate while depressing the price of leasehold properties.

The full order makes for great reading.

What should you do?

Just make sure when you buy a property that the seller had bought it from the previous owner through a sale deed. Make sure you speak to the person whose name is on the sale deed. (Not the person who signed – that is irrelevant)

If you’re buying an apartment, demand the ownership papers of the underlying land also. For under-construction apartments, these will be available – for others, you might need to get the documents from the registrar (I wonder if you can use an RTI request).

Note that you won’t get bank loans for GPA based property sales anymore.

This is a great order that should at some level curb the misdeeds in the realty business. We also need a proper real estate regulator and unambiguous property ownership laws.

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104 COMMENTS

  1. Hi Deepak,

    You generally keep on bashing real estate people. And I feel that you are justified in most of the cases. However, My family business is construction and I have seen the other side also. (I now work in IT field ) Try talking to some small scale builder and check how much harassment he faces and how much different government department trouble them. and without bribing it is impossible to get any plan passed. Always big builders like prestige/DLF/Brigade benefit. Small scale builders have tough time.

    I have understood one thing in life that never come to conclusion hearing only one side (here customer’s side) I think it would be good to know if try to understand the other side also.

    Also try finding out how many unjust laws are there regarding land ownership/property transfer.

    Regards,
    Anon

    PS: I still agree that there are lots of builder’s who cheat customers. This is just to point out that there are lots who don’t.

    • There are honest builders like there are honest insurance agents :) Not many, but definitely do exist. But my point is that because the profession is so bad, I recommend being very cynical. But that’s not the point of this article, it’s about GPAs.

      Every business has a tough life; even people who build their own houses have a tough time getting plans passed (I know the pain involved). Yes, there are unjust laws about property transfer (including some that don’t allow female children to inherit!). But that doesn’t make GPA a good thing, because it is abused horribly.

  2. Supreme Court has covered a loop-hole. Let’s wait and watch to find how it affects the property transactions. Good article with supreme court order being cherry on the top!

    • sir,

      In A .P there is a practice that Attested by notary Agreement of Sale cum GPA (with possession) will be obtained by 29th march,1997, for plot size 220 Yards.and it was valodated in the year 2008.
      and subsquently they will sell the plots April-2008 by Regd. sale deeds.In the light of the above I request your clarification in below cases-

      1. Attested by notary Agreement of Sale cum GPA, (with possession) can sales the plot,
      – Will it be valid ?

      2. In April-2008, When he sale the plot, Registered sales deed, he put original plot holder photograph and duplicate signature of first plot holder. This type of sales deed -Will it valid ?
      With Regards,
      ATUL

  3. Once again, good analysis.

    But I would not hold my breath on this issue. Majority of the black money (owners are powerful politicians and corporate) is trapped in real estate. Government (politicians) would never take action against it. Wait and watch, they would soon pass a bill to nullify SC verdict. (Example – http://www.indianrealtynews.com/real-estate-india/haryana-assembly-decision-brings-relief-for-real-estate-developers.html)

    One simple way (and can be implemented very easily) to stop all corruption done by DDA-HUDA like authorities is – If the original allotte want to sell the property received at subsidized rate, it must be given back only to DDA-HUDA authorities in exchange of buy-price adjusted for inflation.

    It’s a never ending war. Let hope SC wins over corrupts-Gov. It’s a shame that SC has to declare such kind of verdict. It should be the Gov. itself who should have out-stated it and not SC. WTF Gov. is doing? Was it waiting for SC to act? What a shame !!!!!

  4. Hi Deepak,
    Very nice and down to earth explanation. I got a question, you had mentioned that, the property bought from a GPA holder before the verdict won’t be affected. Say, If one has bought a property from a GPA holder couple of years back and has a proper sale deed will he have any problem in selling the property now? just because he did not buy it directly from the property owner but only through a GPA holder? Thank you in advance for your clarification.
    Regards
    SB

    • If he has a proper sale deed, then no problem, he can sell it onward; the deed is the sign of ownership.But if he holds only a GPA today, it has to be converted to a sale, with a registered deed.

  5. Deepak ji,

    Thanks for a very very lucid explanation of the issue… In fact, before this, I never knew how some people managed to make quick money within months in realty…

    Thanks & Regards,
    -feltra

    • Thanks feltra-ji. There are many more ways of course. Someone I know sold his farm to a person for X. That person got it converted (political influence), chopped into plots, got layout approved, put up some roads and street lights and sold in 6 months for 2X. The X was in crores, so the person made good money even after making all the under-the-table payments.

  6. I was just wondering how this will impact all the apartment development projects where the the builder is often different than the land owner. They normally sign a Joint Development Agreement and GPA. Based on these 2 documents builders sell the under-construction apartment to buyers.

    So, will this stop now ? and the builder will have to purchase the land from land owner first before they can develop the land.

  7. In A .P there is a practice that Registered Sale Agreement cum GPA will be obtained by
    the real estate developers, they will develop land and divide them into plots ,obtain permission from urban development authorities and subsquently they will sell the plots by Regd. sale deeds.In the light of the above I request your clarification in below cases-

    1.If the developer obtain Registered Sale Agreement cum GPA in 2010 from the land owner ,develops the land with Urban development Authority approvals and sell the individual plots in DEC 2012 by Regd Sale deed – Will it be valid ?

    2.If developer obtain regd sale agreement cum Gpa in 2012 and sells by following the sameprocedure and sells the individual plots in 2013 by regd sale deeds -Will it valid ?

    Thanking you,

  8. i think that in case 1: developer needs to regulate his GPA by making sale deed with first party (land owner) and after then he can execute sale deed for the flats. in another case his GPA will not be valid for executing sale deed for flats. Since sale agreement and GPA both are not valid instrument for ownership under guaranteed title bill.

  9. Can a GPA holder get loans from banks? My mother is GPA holder by her brother. can GPA be irrevocable? How to make a irrevocable GPA? Please answer

    • I don’t think a GPA holder can anymore, unless they use a sale deed to actually effect a transfer. I doubt a GPA can ever be made irrevocable; any power of attorney can always be taken back. But contact a lawyer to get legal advice.

  10. A GPA holder cannot get a loans on basis of that property unless it is specified in the GPA for the same. For every operation made by GPA holder, he always require an affidavit which says that transferor is allive and GPA is valid.

    • My mother is a GPA holder from my landlord who passed away 6 years back. Can my mother get a sale deed done. In no, what is the procedure to get the sale deed done so that there will not be any legal problems in future. Landlord has 3 children of which 2 are willing to sign for the Sale deed. Pls advise

      • You need to get a sale deed done NOW. 2 out of 3 may not be enough, you need to get a lawyer immediately. As a warning, it may be too late already. I am not a lawyer, but the court rule is fairly clear that GPA Is not title.

  11. Hi,

    I hv a sale deed but i donot have OC from the builder. Whether I will face any problem in future to sell the property

    som

  12. Can you clarify if a registered GPA has executed prior to SC judgment let’s say Dec’10 and the property is now purchased thru the registered GPA holder in Dec’11, is there any issue here.

    My understanding is GPA holder is not claiming ownership in the land here, rather he is selling and receiving consideration for the sale of land on behalf of the Original Land owner which is very much allowed for the registered GPA.

    Is there any deviation here, pls give you opinion.

  13. Can you clarify one thing if some body done his GPA before 12th Oct and he wants to sell his property is he eligible to sell the property or not. is it necessary to go for a sale deed for that property?

    • You can only sell if you convert your GPA to a sale deed in your name. Only then can you sell it to a third party. otherwise, the property will continue to be owned by the original owner who can sell it to whoever he wants.

  14. i have a question :Some X person is done GPA of one plot from Y. and i want to buy that property (Now GPA is illegal ) so i have to buy that plot from Y(who is original owner of the plot) is it correct. If the SC judgement changes in future is there any problem with that.(I will ask that X and Y both the persons are present at the time of registration is it ok.

  15. Sir , I want to ask that if a registerd GPA is executed in favour of builder by the owner of the property before supreme court verdict can be purchased by me as a sale deed with original owner as confirming party at the time of registrations of sales deed

  16. Dear Sir,

    We have bouhght our property in 1994 from the allotee on GPA do we require alottee if we want to sell the the property now.

  17. Hi Sir
    I have booked a flat where the property is JD (36% owner and 64% builder). I have booked the flat from the builders share. Will it be safe to buy now as the JD was done after the october’11. Do the builder has the right to sell the flat to me when this is a JD property.

  18. Hello sir,

    We want to purchase a plot.But its from a society but they say that the society has a got a temporary sanction letter n the society ppl say they would get it in short while.But the person who is selling now is a GPA holder.Plz let us know which are documents (required)
    to be checked n verified before registration?Do we need to get another Sale Deed from the person (GPA holder)from we are purchasing?

  19. Hello sir,
    I wanted to buy a flat (Re-sale) through a GPA holder as the orginal owner is in US. In this case Son (Owner) has given the GPA to his Father 4yr back. Will there be any problem if i want to buy that property through his father, if so, please let me know how to buy this property from his son who is in US

    Regards
    kannan

    • Either ask the son to come and sign documents, or speak to a lawyer about how this can be organised so that the sale is smooth. It may require the son to have a US notarized affidavit saying that he is aware of the sale and the price and the fact that the money will be X deposited in Y account. The lawyer will help you draft the legal documents.

  20. Sir.. I am planning to buy a property. The seller entered into GPA cum Sale Agreement registered by paying stamp duty in March, 2012. Can the seller execute the sale deed & transfer titles to me.

    • If the sale deed is registered, then there might not be a problem. But please see a lawyer in such cases. Little expense today will save you heartburn tomorrow.

  21. Sir.. Thanks for the prompt reply.. In fact, it is not a sale deed.. it is a registered GPA document after paying stamp duty.

    • Well, a GPA isn’t a title, so registering the GPA doesn’t give you access to the title. You have to only buy from original owner and pay original owner, otherwise GPA holder must regularize by getting the property registered in his name (khata transfer).

  22. dear sir
    i have bought property on gpa in april 2012,
    now i want to sell that, please help me, what should i do

  23. I am contemplating to buy a property in an approved layout as most of the documents are verified by my lawyer but i got into a fix while trying to execute a sale agreement which is when my lawyer insists that all the owners(say ‘a’ and ‘b’) of the surveys in which my site is derived from, must be included as ‘VENDORS’ and all of them should sign where as the developer denies this, stating that as per the JDA( person ‘c’ gets list of shares from the layout from owners ‘a’ and ‘b’ hence he holds the title to sell off) and he is the absolute of that particular site and can be the only person to sign any such documents. What is your stand on this? Does the absolute owner of sites change after JDA so they don’t need to sign or they still have to when there is a sale ? Please explain urgently. Thanks for your wonderful work.

    • I personally think you will need a) and b) to sign also. If they don’t sign, don’t do the agreement. But of course, get an opinion from a lawyer, please.

      • Thanks Deepak. In that case, a simple affidavit from the owners ‘a’ and ‘b’ is good enough to proceed with the sale? Developer claims while ‘b’ is available to sign the papers as VENDOR besides ‘c’ , owner ‘a’ is too old to make it personally hence a GPA can be made to ‘c’ (incurs 6% cost) or a simple affidavit can be made(to avoid the cost). Does affidavit has a legal value to proceed with this sale or i must ask for GPA or call off this site ? Thanks.

  24. Hi Deepak,

    recently we bought a uderconstruction appartment from a builder who has done a JDA with the owners of the property.

    Will this verdict impact us? Please let me know what clarifications we need to get from the builder.

    Thanks
    Pradeep

  25. Hi Deepak,

    My Dad bought a plot 10 Years back through GPA, he has power of attorney on his name, can he get it registered?
    If he is able to get it registered today then can he sell it?

  26. Mr. Deepak
    I will be requiring a view from your end i am planing to but a flat in a HUDA society in haryana .
    but the society is not a free hold property and god knows when it will be on
    the so called owner of the flats sell these flats on two basis either they transfer the property on your name or they sell it through GPA .As GPA Not valid i am 100% sure i wont be buying the property on GPA . then the scenario left is that the property can be transferred by the owner only one time and even the HUDA officers in panchkula office validate the same claim .As an when the society gets the free hold status registry can be done at can take years from 1 to x .is it safe to buy the place from the owner on the basis of transfer of the flat on my name .please enlighten me with the advise weather i should buy it or not
    Regards
    Niranjan Chauhan
    chauhan.niranjan@gmail.com

  27. Hello Sir,
    I understood from the SC verdict Oct 11, 2011 that that the GAP is not a title and property mutation can not be done only with GPA ( though it is registered). However the verdict in para 18 mentions “We make it clear that if the documents relating to
    ‘SA/GPA/WILL transactions’ has been accepted acted upon by DDA or
    other developmental authorities or by the Municipal or revenue authorities to
    effect mutation, they need not be disturbed, merely on account of this
    decision”. Does it mean that it is upto the local registration/development authorities to decide if the GPA can be used for a transaction? I heard in Tamilnadu it is still allowed to purchase a property from a GPA holder. Thank you for your response.
    Best Regards
    Bala

  28. sir
    my mother owns a flat on gpa , she passed 2 weeks back and i does not know where the originals are but i do have all the photo copies of sale deed , POA, and POA registered from a registrar . i do have her original will registered and i am the only son so please let me know how can i get the flat transferred on my name.

  29. Your clarification/ advice has given lot of insights into the subject. Thanks.

    My friend bought a plot in an unauthorized coloney under unregistered GPA (on stamp paper) before the date declared by supreme court above.

    The property cannot be registered for obvious reason.

    Now my friend has two option that he seriously thinking of:

    1) To make a flat and live like others
    2) To sale the plot to a prospective buyer

    Kindly advice under both the conditions what he should do to make his title or document in order?

  30. I wish to clarify the above,

    1. is it any transfer of property (by sale deed) through GPA can not give ownership title to the buyer(THIS MEANS THAT ATTORNEY CAN NOT CONVEY THE SALE DEED) .If GPA holder is selling the property first he has to register/sale deed it in his name & than sell to third party.
    OR

    2. the General Power of Attorney holder can not claim as owner (THIS MEANS THE GPA holder CAN REGISTER THE SALE DEED IN FAVOUR OF THIRD PARTY)

    WHICH IS CORRECT. KINDLY INFORM ME SIR,

  31. Dear Deepak Ji,

    I have read your article ‘GPA is not Title – Supreme Court’ and found it very interesting and useful. I am surprised to learn how ‘GPA Route’ is being used to avoid registry fees, stamp duties and to circumvent laws (specially by politicians)…

    It seems that by passing this judgement, the honourable SC has ‘netaon ki dukhti nas par haath rakh diya hai’ and I sincerely hope that our ‘MANTRIS’ will ensure to reverse the judgement by passing the amendments at there earliest!!!

    Sir I need some professional advice from you regarding property deals:

    I live in a residential house with my parents which is developed by Orissa Housing Board and leased in favour of my father since 1984. Now I want to construct a 3 storey buliding for residential flats for sale purpose at the same place. But since the property is leasehold, i believe i can’t sell the flats. Please advice me how can i construct the flats and irrevocably transfer the same (or the rights therein to the maximum extent possible) to the buyers.

    Thanking you in anticipation,
    Sincerely,
    Manoj Agarwal

  32. Any way around to get registered “Deed of conveyance (sale deed)” for property bought between Oct 11 till Apr 27 2012 on GPA?

    Does govt able to get approval to legalized property sale between this period?

  33. sir wanted to confirm that is a poa holder authorized to take a the payment of the property in his name and also if a loan is taken by the purchaser can the loan amount be disbursed in the name of the poa holder

  34. Dear Deepak,
    I do want to make a clarification. In 2008 my father had given GPA to one of my relative to sell the land and without any prior notice or information he (relative) had sold part of the land. Now that he has turned the remaining part in the form of patta in his name. Is there any ways we could fight to regain the property and money back??
    thanks in advance for your clarification

  35. hello deepak
    i m applying for a lease agreement of house for 3 year in my a PSU company.
    i purchased house through GPA in1992.
    i am providing GPA as my ownership proof,but my HR refuse to accept it.
    one more thing i would like to add weather this GPA has to be NOTARY or registered.

  36. sir
    on 2 nd november 2012 i have buyed villa through registered gpa and noc to sell full and final.now i want to sell this property. can i write sale deed on behalf purchaser.sir pls confirm me…..

  37. The case is: An unregistered GPA is made in 2007 from a lady to a housing society(her husband is the president of that society) for the huge land, and sites are alloted from the society to its members in 2010.
    Now members are selling their sites as second sale. All other conversion are fine.
    I would like to know will this unregistered GPA(made in 2007) will be an issue for me in future?

  38. Hi,
    Can the heir of the seller of the registerd irrevocable GPA cancel GPA in the eventuality of the death of the seller? If he can, what is the procedure

  39. Dear sir,
    I have a plot for which guidance value is more than market value.To avoid capital gain tax buyer is ready to buy it on gpa. Later if he takes a home loan and in case if he does not repay will i be liable to repay.or later he sells to third party will there be any tax problems for me?.kindly reply.

  40. purchased a property afetr 10 oct paid stamp duty and registered now dealer say i can not get it free fold as govt has banned ,

    my ques is when the registrar has registered the sale deed now what should i do

  41. my father in law had purchased a plot through GPA and sale deed. but both are only notorized. The seller has died five years ago. We do not have any iformation about his heirs. Can my father in law sell plot. How will he be able to dispose this plot?

  42. sir I have purchased land in 1997 through registerd gpa cum agreement of sale from owner and gpa holder.now ap govt is declared surplus land and issued a go 747 to regularize. ihave paid amounts in 2008 as per go rules.the land is in litigation acase pending in court. we all are coming for compramise.but ulc office wants to reject my document.what to do ?

  43. Hi,

    Am from Hyderabad. planning to take gram panchayeet land. I have a question on AGPA(agreement of sale cum GPA). Am planning to take a gram panchayeet plot which was gifted to a X person by his father in the year 2005 through gift setttlement registration Deed, after this X person changed his name in the Mandal Revenue Records and got a patta pass book Number with X person name.
    Later in the year 2012 this X person entered in to Agreement of sale cum General power of attorney with Y person and registered the AGPA Deed with Y person for 611 sqyards. this AGPA registered Y person made 5 residential plots out of 611 sqyards and sold 3 plots to Z person. This Z person already registered 3 plots by his name. now I am planning to purchase Z person two of the plots. are the above AGPA transactions are valid? please also suggest me what legal checks I need to make sure the land which am going to take is perfect?

    • Please get legal opinion on this. It is a complex matter and it will depend on the case itself. Prima facie it looks like GPA that Y person used to make five plots may not be valid. Best thing is to get Z to find X and make him part of your purchase process. You’ll need to speak with a lawyer to get the necessary documentation etc.

  44. Hi deepak,

    thanks for the mail reply.

    Sorry for the confusion,In above Gram panchayeeth land X person only made 5 plots and did AGPA registration with Y person name for 5 plots(611 sqyards) and through Y person, sold out 3 plots to Z person.these sold out 3 plots are already registered by Z person name. now we are planning to purchase 2 of the plots from Z.pleases tell me are there any legal complications?

  45. Dear Deepak,

    one of my friend is thinking of buying 2nd floor at malviya nagar,delhi property which is under final stage of construction i.e. finishing work is going on. seller is having title of the land. my friend’s concern is, what all documents regarding the newly constructed floor are mandatory for a smooth execution of sale deed and if he intends for availing a housing loan, then what legal documents & permissions are needed to be obtained from the seller & the competent authorities. pls advice.

    regards,

    subh,delhi

  46. Dear Deepak,
    we have purchased the sites which was developed by GPA holder, in the same layout some sites are duly signed by the Land owners who have made an agreement with the GPA holder, after 15 months the GPA holder have been sold the rest of the sites by signing himself it is valid or not so please give reply for the same

  47. Dear Deepak,

    You are doing a wonderful job by showing light in the darkness.
    Situation 1> we are purchasing 3 sites in a layout(still under construction). Owners A & B are different from the Builders Y & Z.
    Y&Z are selling me the property, they provided me the all the related documents, Sale deed in the name of A&B, DC conversion and BDA NOC. Problem here is ther is no Katha yet. They has applied for it, Showed me acknowledgement. But as the BBMP is not issuing any A katha for new sites, i hope they’ll get atleast Gram Panchayat and register the land in my name.

    Situation 2> When i say we are purchasing, i mean Myself and my co brother who is NRI. If an NRI issues GPOA in my wife’s name, will there be any issues in getting bank loan for my self. Is it fine if he is becoming the co-applicant for bank loan and also issuing GPOA to my wife.

    Situation 3> if NRI returns to INDIA and wants to sell the property, will there be any legal issues as his signature will not be on the original sale deed.

    Appreciate your comments.

  48. I am planning to buy a land from a person who had registered GPA from the owners two years back and then converted into sale deed on his name after one year. can I buy. Plesae please advice, as I desperately need you advice.

  49. I am planning to buy bda property which is in lease cum sale agreement. please advise me whay are legal procedure and can i go with GPA in my name

  50. Deepak,
    Not knowing this I went ahead and got my house registered on my name in Feb 2013 from a GPA holder whose GPA dated Dec 2012. The original seller might be interested in signing on a new Sale Deed now, assuming I proceed with this, what will happen to the recent Sale Deed done by the GPA holder to me (I paid all the stamp duty etc.)? At the first place knowing the SC verdict, why are the sub-registrars registering such properties? If I take the EC now, I’ll be the Title owner technically going by the registrar?

    Thx

  51. Hello Deepak ji,
    I want to purchase one apartment in Bangalore whose owner earlier stayed in BANGALORE but after booking the flat in 2006, he shifted to Australia. So he made GPA in his fathers name and gave him the right to purchase the said property from the builder and for putting that proprerty for the rent. Now he has made another GPA in his fathers name which authorize him to sell the property to us Now my questions are—
    1. is his father who is GPA holder now can sell this property to us.???
    2. the original GPA which authorize his father to purchase that property from the builder got missed, only zerox is there, so is the title of the property is considered to be clear or not??
    3. What remedy needs to be done in this case as the original owner is not able to come to Bangalore from Australia to sell this property.
    Pls guide us asap.
    Thanx in advance
    regards
    Anjana Aggarwal
    bangalore

  52. Sir,

    Can an agriculturist execute a GPA in favour of a Non Agriculturist, by giving the powers to alienate his agricultural land to an agriculturist. Please clarify.

    Regards,
    Pushpa

  53. Sir,
    A – House Owner given GPA to B, Now the B is not alive. Kindly tell me GPA document given to B is Valid or not valid, why because B has Legal heirs (sons).
    Kindly clarify who has the right to sell the house A or B’s Legal Heirs, As per my knowledge A has the right. Kindly tell me sir, I am very thankful to you Sir.

    • Please contact a lawyer for a legal opinion. In my personal view, a GPA given to a person is not valid after he dies, since the power of attorney is an undertaking for a person to act on someone else’s behalf. So in my opinion, you are right, that A has the title. But only court case history etc. will establish this.

  54. Thanks for your document. Landlord has given gpa to person x and x has sold to person y. Y has registered with sale deed. Can I buy from y ?

  55. Hi Deepak,

    I am buying a home from Vendor “A” who purchased a land from Vendor “B” 2 years ago. Vendor “B” purchased the same from Vendor “C” and Vendor “C” from Vendor “D” through GPA in the year 2004-05. So, all above happened with proper sale Deed except the one which happened in 2004-05 through GPA. So, will this be a problem for me in future? There are around 15 names included in GPA including minors. Before sanctioning the loan, my bank is asking for a “Confirmation Affidavit” signed by all those 15 members. Is this required?

    Please reply.

    • Looks like you’ve had two sale deeds after the GPA. So it *might* be okay, on the face of it, but honestly, get a lawyer to check. Every case is different and you don’t know what is hidden where.

      Banks will ask for a lot of things – try working with different banks?

  56. i have my property in chandigarh on GPA 20 years back.now i want registry of it.what the previous owner refuse for registry.he says call me in a court there i will sign.so please clear the further action i can take place

  57. respected sir,

    My mother purchased a residential plot in 2005. but unfortunatly the GPA is noterised now how can we get register our plot to my mother’s name and the previous owner of this plot not available now. is there any process to get register my mother ‘s plot ?
    please reply

  58. Hi Deepak
    I own a company and want to construct a warehouse for which I am in the process of acquiring a land in and around Bangalore. Since I am a company, I cannot buy agriculture land. For which, I am getting a GPA from the farmer and doing a registered sale agreement. Then I will apply for the conversion using the farmer to sign and help. Then once the conversion to Industrial happens, then my Company being the GPA can do a proper sale of the land via a Sale Deed to the company.
    Question is, Can I do this ?

    Thanks

  59. Hi, I am planning to buy a property, but I wont be able to register as the registaration is stopped, so can I make a GPA, If am making a GPA do I have to pay 100% of the property price before registration? is this a risk buying property by GPA?

  60. Hi
    Im planning to purchase property (site with house) in Bangalore. Which seller got from her father thru proper registration in 2005. But her father brought from GPA around 30 years back. Whether i can go ahead & purchase. pls advice.

  61. Sir,

    If I will take some land in the township (sage) of any builders by the farmer directly in U.P…Is it possible to do a construction in the land? Can builder make some issue…Please advice..
    Also tell about new law of court in which builder have to give fourth time to farmer for possession of that land….

  62. Hi Sir

    My name is Ayesha iam Staying in Bangalore i have a property which is there in yellahanka 30 by 40 and the GPA Has been done by my parent’s name but now some rules has which is when we sale a property some EC so when we had checked that the property owner name is changed but all the paper’s is with us nor we have sale to anybody so in this case whome does the property belong’s to please reply soon

  63. Hi Deepak,

    I am in US. I am planning to buy a House in Hyderabad. I signed a GPA on my brother-in-law name to sign all the required documents. GPA is registered and House is going to be registered in my name(I sent figure prints with signature on Form 32A of Registration ACT 1908). Is still the GPA will hold rights to sell the property?

    Thanks in Advance for your help!!!
    Hari

  64. Hi
    I am planning to buy one property. The property is agricultural land but I wont be able to register as my income is more than Rs 2 L per year. so can I make a irrevocable GPA after paying the total 100% of the property price. After signing GPA I want to apply for the conversion After conversion I want pay the pending stamp duty and register the property in my name.

    Kindly guide

    • You should contact a lawyer but I think using a GPA is going to be fraught with danger. If the GPA giver decides to ditch you after conversion, you don’t have any recourse!

  65. Sir,

    I Father brought a property in Ghaziabad on GPA/SA/Will all three documents are registered . My father expired Now the original allotee is asking for money to sign registry . He is demanding out of my reach. Please advice what should I do.

  66. how cancel the GPA by one person if it is executed by several person as others are not come forward to execute the cancellation of GPA

  67. Dear Sir,

    Im planning to buy an apartment in Bangalore & I’m in doubt whether to proceed or not. Here’s the situation –
    Person X buys the plot from a bank society in 1988.
    Constructs a house covering only 50% of the plot.
    In 2000, person X grants a notarized GPA (but NOT registered) to a builder & enter a JDA to build 3 apartments in remaining 50% portion of the plot
    Builder sells the apartments to another person Y through registered sale deed in the year 2002
    Person Y has clear title of the apartment in his name
    Person X (original plot buyer) expires in 2006
    Now I’m planning to buy the apartment from person Y.

    I’m worried because the GPA & JDA issued by person X to the builder was NOT registered in the year 2000.
    Is it safe to proceed with this apt purchase from person Y ? Can someone from person X’s family claim on the apartment ? Please advise.

    Thank you

    • same problem also here pls reply if u got solution ekbal.vcplus@gmail.com

      Some1 X person purchased a site(30*40) at 2001 from GPA holder . During purchase time that X person taken signed from GPA holder only but not from site owner as site owner died and after site owner death , his children not not interested sign ..

      Now that X person sold same site to another person Y ..

      Now its that valid ?? pls reply it is very urgent for us

      Thanks in advance…….

      • I think you have a serious problem. You need to consult a lawyer. If X has registered sale deed then maybe it is okay, but if not there could be legal repurcussions if site owners heirs object.

  68. sir,
    i bought a plot in an unapproved colony in Delhi in 2007, through notorised GPA (not registered) i got its possession and set of all old GPAs from seller, but i lost this set and new GPA , i only have photo copy of new GPA only, now if i need to sell it what should i do.. please advise.

  69. Dear Sir,

    I have identified one of the property which has two GPAs executed, one is in X name before 2011 and the other is in Y name after 2011.Builder is telling that he is not having that GPA registered letter for the X one.
    And its a JD construction. Since GPA register letter is not available , i have asked for the confirmation deed , for which the builder is not ready to provide stating the reason that he don’t have that.

    Shall i proceed further. Please provide your suggestion on this.

    Thank you

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