Got property on basis of GPA or Agreement to Sell? Here’s how to regularise title before you risk losing it

On January 29, 2026, Mr Bhatia lost his ancestral property case in the Delhi High Court because he couldn’t prove a legally recognized title to the property. For those who are’t familiar, if you are going to file a case for partition of family property, you first need to show that you have a valid ownership interest or share in the property you want to split.

Without any proof of title, a claim for partition cannot be sustained.

In the present case, Mr Bhatia relied upon an unregistered Agreement to Sell, a General Power of Attorney (GPA), and a Receipt. But, none of these documents are considered valid instruments of conveyance under Indian property law.


The Supreme Court has confirmed this stance in the Ramesh Chand vs Suresh Chand case (2025 SCC Online SC 793), emphasizing that an Agreement to Sell, without a registered Sale Deed, does not confer ownership.

Also read: Partition deed of ancestral land fails as children lose land battle; Delhi HC backs sale deed over agreement to sale

Holding property on the basis of GPA and Agreement to Sell? Take these steps to regularise the ownership

Kuber Dewan, Partner, DMD Advocates says that the Delhi High Court judgement underscores the importance of proper documentation and statutory compliance in matters concerning immovable property.

Dewan says: “Any person claiming ownership must ensure that their title is supported by a registered deed of conveyance, such as a Sale Deed, Gift Deed, Relinquishment Deed, or a Partition Deed, as applicable.”

Dewan points out that people who currently own property based solely on the basis of GPA/Agreement to Sell should, as long as it is legally allowed and within limits, take action to regularise their title.

He recommends steps like getting a proper conveyance deed executed and registered from the recorded owner or, if suitable, seeking remedies like specific performance.

Speaking of specific performance, there was another case in the Supreme Court where a tenant claimed to have paid Rs 6.5 lakh for the landlady’s property, but even after specifically asking for the sale deed, she didn’t sign it. So, the tenant was left with just a sale agreement. Although the tenant did file a case for specific performance to compel the landlady to sign the sale deed, she still refused to ackowledge the sale agreement itself.

Also read: Tenant paid Rs 6.5 lakh to buy landlady’s property; SC admits sale agreement as evidence and says possession doesn’t finalise sale without a sale deed

Dewan says: “Delay in doing so can extinguish legal remedies.”

What about ancestral or coparcenary properties?

According to Dewan, in cases involving ancestral or coparcenary property, parties must ensure that title documents clearly reflect the nature of the property and the lineage of ownership.

Dewan says: “Revenue records, mutation entries, and the documentary chain of title should be consistent and complete. If a family partition has already taken place orally, it is prudent to formalise it through a registered partition deed to avoid future disputes.”

Also read: Ancestral or inherited properties can also be attached under the Prevention of Money Laundering Act, 2002

Long possession of property is no guarantee for getting ownership title

According to Dewan, possession or long enjoyment of property does not automatically translate into ownership. Courts adjudicate title based on legally recognised conveyance instruments, not merely on informal understandings or payment of consideration.

Dewan says: “Those who neglect proper registration, risk losing substantive rights in litigation, particularly in partition and title disputes.”