Property Buy through GPA and SPA

1 year ago

Here's this case.

There is a property (plot) in Bengaluru. The original property/land owner is Mr.X and the Developer/builder (who made the conversion to residential) is Mr.Y.

They both together have given the GPA to a couple (Mr.A and Mrs.B). The stamp Duty is paid for this GPA transaction by this couple.

I am planning to buy this property from Mr.A and Mrs.B. The challenge here is Mr.A and Mrs.B stay in North India (since it's their native) and Mrs.B can't travel to Bengaluru since she's pregnant. She wants to give SPA to her husband (since they both together are holding GPA of the property) to buy the property on his name and then sell it to me.

The Land Owner and Builder are coming and signing as Confirming Parties. Please suggest if this way of transaction is valid. I was told since the property is not yet registered to Mr.A and Mrs.B, Mrs.B can't give SPA to her husband to buy/sell the property on his name (since she's not the complete legal owner yet).

Thanks in advance!