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Author Topic: Is buying an irrevokable notarised GPA property valid?  (Read 2784 times)

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Offline anonymous83

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Is buying an irrevokable notarised GPA property valid?
« on: October 25, 2013, 06:50:05 AM »
Hi,

I have identified a plot in Bangalore. The price of the property is quite reasonable since I'm buying it from my father's friend.

Issue is:
My father's friend is the GPA holder of this property. He holds an irrevokable notarised (not registered) GPA from the original owner. He had bought this property from the first person in 1985 & then there were no registrations happening & hence he obtained a notarised GPA which was never registered. This is also mentioned in the GPA. It was an ancestral proerty of the first owner and both father & son have given consent to the property in the GPA. Now one of them have expired.

However, few years ago it seems they had made a claim on this property & the matter was taken to a nearby police station where the issue was settled by the inspector by advicing the claimant not to make false claims as the property has been handed over 25 years ago & the matter has subsided. But I'm concerned if they would again make a claim in the future after I buy the property.

As I have mentioned earlier, since i'm getting it for a reasonable price, I'm estimating the risks. If it's too risky, I'm ready to drop the plan of buying it.

Regards,
Anonymous. 

Offline advocate-lyngdoh

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Re: Is buying an irrevokable notarised GPA property valid?
« Reply #1 on: October 25, 2013, 06:54:37 AM »
If you can get the property Registered in your name that will be safe enough for you
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline advuma

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Re: Is buying an irrevokable notarised GPA property valid?
« Reply #2 on: October 25, 2013, 07:03:34 AM »
your father's friend should first transfer the property in his name than transfer it to you via sale deed
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline anonymous83

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Re: Is buying an irrevokable notarised GPA property valid?
« Reply #3 on: October 26, 2013, 12:12:52 AM »
your father's friend should first transfer the property in his name than transfer it to you via sale deed

Will it be safe for me if I take a no objection from the original party in the sale deed by paying him a compensation? if he agrees.

Offline advswagata

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Re: Is buying an irrevokable notarised GPA property valid?
« Reply #4 on: October 26, 2013, 02:04:59 AM »
take no objection from him thats fine but the person from whom you are purchasing the property should have undisputed title over the propety.

that is possible only if the property is first in the name of the seller first than it should be transferred in your name.

any other way is only based on tricks and trickery which will only give u a life long tension.

you are your best judge, don't let temptations get over your sound sense of Judgment


Offline anonymous83

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Re: Is buying an irrevokable notarised GPA property valid?
« Reply #5 on: October 26, 2013, 11:52:23 PM »
take no objection from him thats fine but the person from whom you are purchasing the property should have undisputed title over the propety.

that is possible only if the property is first in the name of the seller first than it should be transferred in your name.

any other way is only based on tricks and trickery which will only give u a life long tension.

you are your best judge, don't let temptations get over your sound sense of Judgment



Thanks for your advice.

Today I came across an article which clarifies that supreme court judgement is applicable for transactions made after the judgement but the GPAs earlier made wont be affected but it has to be registered now. So, if the property is registered to the GPA holder now & if I buy it from him after that, is that OK? Also, I got to know that during days of 1985, there was something called small court where notary had equal rights as that of a sub-registrar. So, will the notarised GPA also hold validity?

 

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