Legal Question in Real Estate Law in India
Case study-property ; gpa vs conveyance deed
Ms.Reena is original allottee of plot-HUDA. Ms.R authorises MrRaj as his Attorney to do various acts/deeds/etc in r/o said Plot.MrRaj byvirtueof RegdGPA was authorised to get the deed of Conveyance executed,to sale/transfer the plot, get the saledeed executed, receive the sale consideration etc.Mr.Raj executing the pwrs of GPA approached HUDA and executed Regd �ConveyanceDeed�(C Deed)in his favour.Since MrRaj waslawful attorney of original allottee Ms.Reena this ws mentioned in �C DEED�.According to CDeed Seller (Vikreta) is EO,HUDA & Purchaser (Kreta) is Mr Raj.
Pl clarify following
1. who is the lawful Regd owner of the said Plot ? Mr.Raj or Mrs. R.
2. After C Deed, what is the sanctity / value of GPA now.
3. Do Reena still have any rights over this property or ownership title be considered in the name of Raj,
4. Once the C-Deed executed,is any Affidavit required,todate from Ms.R that she hadnot revoked the said GPA.Though this hs already b�n given by MrRaj to HUDA. Suppose this Affidavit is given now, will it imply that plot is in name of Reena or it is still under GPA ?
5. Mr.Raj has now entered into an agreementtosale with MrN. Will this agreement take place betwn Ms.R and Mr. N or betwn Mr Raj and Mr N
3 Answers from Attorneys
Re: Case study-property ; gpa vs conveyance deed
A very lawful question arises here. Mr Raj vide A GPA transfer the alloted land onto his name, this is ILLEGAL WITHOUT THE CONSENT OF MRS.REENA. In future Mrs. Reena could contest the validity of the sale when she comes to know that Mr. Raj had transfer the land into his favour and can revoke the Power of Attorney. Therefore it is necessary to have the AFFIDAVIT SOWRN in regards of her approval to the act done by Mr. Raj.
Re: Case study-property ; gpa vs conveyance deed
Answer to your questions are as follows.
1. Mr. Raj is the Lawful owner once the deed is registered in his name.
2. after the Conveyance Deed is executed the Gpa still holds good for any other use or powers given under the power of attorney to execute the work.
3. I have to study the power of attorney as a whole to come to a conclusion on this.
4. until notice is given to revoke the power of attorney holds good, and it can be revoked only after bringing it to his notice. No affidavit is required.
5. Since the property is registered in the name of Raj he is the rightful owner and the agreement with Raj will hold good.
YOU can fight if there is injustice by approaching the court and bringing a stay, but I am only telling you to approach a lawyer with all the papers for help. only after going through the Power of attorney he can guide what could be done.
Thanking YOu.
B.Balasubramanya.
Advocate.
Re: Case study-property ; gpa vs conveyance deed
Your question requires more details. If you can contact personally then this problem can be resolved at ease. contact on 0261-2255522. or address :
2-A, Jal darshan Society, Opp. Ambicaniketan Temple, Athwalines, Surat - 395007.
with regards,
Bankimchandra Shah
Advocate Gujarat High Court.
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