Have you purchased a property in Delhi on GPA? If you now want to become the legal owner, take these steps immediately..
According to clear and strict guidelines from the Supreme Court, legal ownership of immovable property—such as a house, shop, plot, or flat—is not transferred solely based on a General Power of Attorney (GPA), an Agreement to Sell, or a simple receipt and will. Therefore, to become the legally recognized owner of any land or house, a duly registered Sale Deed is mandatory under the law.
If you have previously purchased a property based only on a GPA or Power of Attorney, take immediate steps to formalize your ownership and avoid future legal complications.
**Measures to Legalize Unregistered Property**
To clear the title of properties held via GPA or without a formal registry and to get the property registered in your name, you must follow the process outlined below:
* If the original seller—the person in whose name the last official registry is recorded—is alive, contact them immediately. Have a registered Sale Deed executed in your favor and complete the registration process at the local Sub-Registrar's office by paying the applicable stamp duty and registration fees.
* If the original seller refuses to execute the registry or is unreachable, but you possess the Agreement to Sell and proof of full payment, you can file a 'Suit for Specific Performance' in a civil court. The registration process can then be completed through a court order.
* If the original seller has passed away, locate their legal heirs. To secure a clear title to the property, have all the heirs sign a registered Release Deed or a new Sale Deed.
**How to Avoid Property Fraud and Legal Disputes**
Merely acquiring ownership rights is not enough; it is equally important to safeguard your property against all forms of fraud and disputes. Given this, have an expert property lawyer examine the complete history of property ownership over the last 30–40 years to ensure there are no gaps in the documentation. Additionally, obtain an Encumbrance Certificate (EC) covering at least the past 30 years from the Sub-Registrar’s office; this will clarify whether there are any outstanding bank loans, dues, or legal encumbrances on the property. Visit the Municipal Corporation or Tehsil office to get the property mutation recorded in your name and have the electricity, water, and property tax bills transferred to your name.
While mutation at the Municipal Corporation or the possession of tax receipts is not considered absolute legal proof of ownership, your physical possession of the property and the fact that utility bills appear in your name in government records provide a strong basis in court regarding your possession and actual use. Therefore, to fully secure your property, complete the registered sale deed process as soon as possible.
Disclaimer: This content has been sourced and edited from NDTV India. While we have made modifications for clarity and presentation, the original content belongs to its respective authors and website. We do not claim ownership of the content.

