there is a legal principle that a power which has been delegated can not be delegated further, this process is legally not right. however, if you trust the seller then you may go ahead and purchase the same.
Regards
GPA and SPA
Can a GPA holder give SPA to someone. i am buying i plot which is in the name of two ladies and the had given GPA to one person GPA is registered in SRO. now GPA holder is out of India so he is saying that he will sign the documents and send to India and his SPA holder will represent it in SRO at the time of registration . he has given SPA to a person and that is also registered in SRO. so please tell me is it the right process ? should i buy that plot or not?
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
If the original deed of GPA expressly authorises the GPA holder to further appoint another person as a SPA, this arrangement can work.
Delegatus non potest delegare
power of attorney holder cannot further delegate power to third party
3) only in case where there specific provision in POA authorising him to delegate can POA further delegate
4) you need to check POA executed by 2 ladies in favour of the agent
5) contact a local lawyer
i also told the same thing to him that a power which has been delegated can not be delegated further but he is saying that there is no delegation of power as he himself is signing the sale deed documents. his SPA is only representing the documents . and so many registration has been done in this way in that layout that i had seen . so is he correct ?
Asked 6 years ago
Original title of the land is with the person who has given GPA to a particular person, now a person cannot give that right to some other person without his consent. It is advised to not to go for this deal as you might end up facing legal issues.
Regards
I'm afraid he's correct because his presence, and not the presence of the SPA will be required at the time of the execution of the sale deed. Not only his biometrics and photo will be taken digitally, but also his presence will be noted in the office of the SRO.
POA has to be present at time of execution of sale deed
2) produce original POA
3) execute sale deed in your favour in presence of 2 witnesses
4) dont purchase the property
Hiii, he is a GPA holder of the property .. If he is signing the documents then there is no need of him to be physically present .. You can execute in such manner
Q. Can a GPA holder give SPA to someone.
A. yes, SPA may be executed for the performance of special act on behalf of executor. if right to sign sale deed on behalf of SPA executor is given to some one by SPA then person so authorised can execute sale deed. when SPA executor returns in India, he can substitute his name by filing a rectification application.
Hi
1) A GPA holder cannot further delegate his powers through a special power of attorney to execute the transaction.
2) In your case, if the two ladies who are actual owners of the property execute a registered special power of attorney in favour of a person(say x), then X has to physically come to the Sub Registrar office to execute the sale deed.
3) A GPA holder cannot authorise another person (say x) through a SPA to execute the transaction for and on behalf of himself and the owners.
4) Though many registrations might have happened in the lay out through GPA issuing a SPA and SPA executing a sale deed on behalf of himself and owners, it is an INVALID Transaction and the transaction will not bind the actual owners(two ladies) and the Buyer.
5) So, if at all you want to buy the property, you should ask the owners to execute the sale deed through Special power of attorney or the GPA holder should come in person to execute the sale deed in your favour.
Hope this information is useful.
As per law, a GPA agent cannot authorise another agent under SPA or any other power of attorney deed to carry out the transactions ion his behalf.
If this GPA is unable to carry put the task entrusted to him he may inform his principal about this and can revoke his power so the the original owner will directly sell the immovable property.
Do not get into any such trap, which will render the sale transaction itself as invalid if challenged by anyone at a later stage.
i also told the same thing to him that a power which has been delegated can not be delegated further but he is saying that there is no delegation of power as he himself is signing the sale deed documents. his SPA is only representing the documents . and so many registration has been done in this way in that layout that i had seen . so is he correct ?
This is misconception and illegal in the eyes of law.
You better keep off from buying the property. He cannot sign the sale deed document from a remote place and his agent cannot represent him in the registrar office for execution of sale deed in respect of this immovable property.
You may consult a local lawyer for more detailed advise in person based on the relevant documents/papers in this regard.