Legal Question in Real Estate Law in India
after the supreme court ruling on GPA sales if you enter into a sale agreement and a GPA with the owner of the land what are the leagal issues involved in karnataka even if it is genuine transaction
4 Answers from Attorneys
If the transaction is genuine, you should buy the property by registered sale deed. The sale agreement and GPA will not transfer the title in your name.
Go with registered sale deed.
From Oct. 11 onwards, no transaction of property shall be deemed valid throughout the country, India, however, previous sales have to be regularized by registered sale deeds. The business of attorneys have to be confined to blood relations with no Sale tags of any kind. Sale Agreement is valid but it will not confer Title/ownership of the property.
Genuine transactions have been specifically excluded in the Judgement of the Supreme Court.
If in a peculiar facts/circumstances of the transaction, there is a need to an agreement with GAP, then that is not invalid.
However, law is clear even before SC Judgment, that an agreement with GAP confer no ownership. For a legal and proper ownership, a duly registered sale deed is imperative.
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