• GPA Registration

Hello Sir,

We have a site in Bangalore which is formed in a Non-DC Converted land.
My father has purchased this site from a person named "AA" in year 1995 by the way of GPA, by 
paying the market value to "AA". We have the documents and receipts regarding the same.

GPA is registered and gives right for my father to sell or lease the property & enjoy the 
property as my father wanted. 
However, till today, my father has not registered the property on his name nor sold to anyone 
else.At the same time, there was no objection from the person who gave the GPA till today.

But now, my father is planning to sell the property for which i suggested him to first 
register the property and then go for selling.

Now the questions are :

1. Can my father register the property on my name, with out the presence of the person who 
gave the GPA to my father? Will this be legal and will i be posessing the owenership for the 
site after the registration?


2. If the property is registered in my name, after few months if the GPA person comes to know 
about this latest transaction, will he have a right to file a case against this site?

3. Does the GPA person need to be intimated for the registration?

4. Also, Since my father is registreting the property on my name, would it be legal to 
register on the family member names?

5. Also, if my father sells to other person, should the consideration amount be returned to "AA" ? I hope NO because we have already purchased from AA by paying the market value in 1995. Pls clarify this?

Note: The Person who gave the GPA is still alive & we dont want to get him for a signature on 
a sale deed, because he might ask for some money.
Also, nowhere in the GPA it is said to return the money to "AA".

Below are few of the statement in the GPA: 

1."Convey the schedule property by way of sale,mortgage, lease or otherwise fix full 
consideration and to recieve and to execute the sale deed and to admit execution of the same 
in the concerned SRO and to complete registration on my behalf"

2. To obtain loans and to appear before the BBMP, electricity on my behalf
Asked 5 months ago in Property Law from Germany
Religion: Hindu
1) your father can register plot in your name on basis of GPA 

2) the presence of principal is not necessary 

3)principal having executed GPA for consideration cannot challenge the sale . even if he files case he wont get any reliefs 

4)GPA need not be intimated of registration 

5)it is legal to register property in family members name 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1) money paid  to principal is not required to be returned 

2)don't worry and proceed with registration of property in your name on basis of GPA
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Hi, As the person who execute the GPA  is still alive and further GPA is registered one so your father can transfer the same in your favour   and once you get the Sale Deed in your favour you can sell the property to anybody.
2. As the original owner has executed the GPA so your father need not ask from him to sign the sale deed and his presence is not at all required for registration.

3. One more thing GPA is valid as long as principal is alive if he died then GPA dies with that person so ask your father to register the document if not so you will lost your property.

4. You can mention the consideration amount as prevailing the market  value and you have to pay the stamp duty as per market value and you can't avoid the same.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. After the Judgement passed by the Supreme court in the year  2012 in the case between Surya lamps Vs State of Haryana, sale/transfer  of title of immovable properties  through GPA  for commercial purpose has been barred,

2. When the executor of the GPA are present and willing, get the Deed of Conveyance in your favour registered by them,

3. In the above case, your father will become the absolute owner of the property and after that he will be able to deal with the said property legally in any way he feels like.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Can my father register the property on my name, with out the presence of the person who 
gave the GPA to my father? Will this be legal and will i be posessing the owenership for the 
site after the registration?

What do you mean by registering the property on your name?

You mean sale deed on your name?

Your father can execute a registered sale deed in your name, he cannot transfer the property by any other mode to you namely, gift deed or settlement deed etc. 

The principal who executed the GPA deed in your father's name has to ratify the transaction your father proposes to undertake now. 

Once the property has been properly transferred on your name by executing a registered sale deed, you will become an absolute owner of the property.










2. If the property is registered in my name, after few months if the GPA person comes to know 
about this latest transaction, will he have a right to file a case against this site?

The execution of the sale deed by the GPA holder in favor of the prospective buyer cannot be registered by the registrar without confirmation of the life of the principal, hence he has to be informed about this and he may have to present himself to prove himself living.







3. Does the GPA person need to be intimated for the registration?

Yes










4. Also, Since my father is registreting the property on my name, would it be legal to 
register on the family member names?

There is no legal infirmity in it.  He is doing it as a power agent to the prospective buyer, hence he can very well proceed.





5. Also, if my father sells to other person, should the consideration amount be returned to "AA" ? I hope NO because we have already purchased from AA by paying the market value in 1995. Pls clarify this?

The question about money transaction is totally different to this subject.  If AA demands extra money then you may have to negotiate and settle certain amount for smooth sailing





The Person who gave the GPA is still alive & we dont want to get him for a signature on 
a sale deed, because he might ask for some money.
Also, nowhere in the GPA it is said to return the money to "AA".

You cannot take law into your hands.  The principal is to brought to the knowledge about this transaction otherwise the registrar may not entertain the registration.





T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
there is no quarrel with the proposition that your father can register property in your name on basis of GPA.

it is not necessary to intimate the principal for registration of sale deed in your name 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
1. After the Supreme Court  Order as mentioned in my earlier post, conveyance of title of properties using GPA for commercial purpose has been stopped,

2. Transfer of immoveable  properties through GPA is allowed amongst family members when then title holder is incapable of dealing with his/her said properties.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
The GPA person means 'the principal'.

You have been told that the registrar will insist on the life certificate of the principal on the date of registration of the property before  the registrar.

It is upto you to go ahead without intimating the principal for executing the document and its registration under the influence of some broker.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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