I want to purchase a land , in the documents the vendor is the SPA holder from the G PA holder . Also the same person is represe

Situation : Also as per the documents shown the same person holding SPA is the representative of the vendee. As per documents the sale deed the vendee is new owner. Now I am planning to buy from vendee. What all should I check to ensure the land property title is clear and with no issues
Related Topics : Property Law
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Advocate Justice Kishan Dutt Kalaskar

No.74, 1st Floor, 6th Cross, Malleswaram,, Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Sir,

From 2011 the purchase through SPA/GPA holders is banned by Hon’ble Supreme Court as follows:

===================================================================================

Supreme Court of India
Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011
Author: R V Raveendran
Bench: R.V. Raveendran, A.K. Patnaik, H.L. Gokhale
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.13917 OF 2009
Suraj Lamp & Industries Pvt. Ltd. .....Petitioner
Vs.
State of Haryana & Anr. ....Respondents
J U D G M E N T
R. V. Raveendran J.
By an earlier order dated 15.5.2009 [reported in Suraj Lamp & Industries Pvt.Ltd. vs. State of
Haryana & Anr. - 2009 (7) SCC 363], we had referred to the ill - effects of what is known as General
Power of Attorney Sales (for short `GPA Sales') or Sale Agreement/General Power of Attorney/Will
transfers (for short `SA/GPA/WILL' transfers). Both the descriptions are misnomers as there
cannot be a sale by execution of a power of attorney nor can there be a transfer by execution of an
agreement of sale and a power of attorney and will. As noticed in the earlier order, these kinds of
transactions were evolved to avoid prohibitions/conditions regarding certain transfers, to avoid
payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital
gains on transfers, to invest unaccounted money (`black money') and to avoid payment of
`unearned increases' due to Development Authorities on transfer.
2. The modus operandi in such SA/GPA/WILL transactions is for the vendor or person claiming to
be the owner to receive the agreed consideration, deliver possession of the property to the purchaser
and execute the following documents or variations thereof:
(a) An Agreement of sale by the vendor in favour of the purchaser confirming the
Suraj Lamp & Industries (P) ... vs State Of Haryana & Anr on 11 October, 2011
Indian Kanoon - http://indiankanoon.org/doc/1565619/ 1

 

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