• GPA

If in General Power of Attorney, It is specifically mentioned, agent can execute sale deed only. Can he enter into agreement to sell also, even when the power to do so is not given in GPA?
Asked 4 years ago in Property Law
Religion: Sikh

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19 Answers

1) under GPA agent is authorised to sell the property

2) for the said purpose agent can execute agreement for sale .

3) it is only when terms and conditions mentioned in agreement for sale are fulfilled would sale deed be executed by the agent

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes one can enter into the agreement as the ulterior motive is to execute a deed

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Agreement to sale can be entered as the agreement to sale shall be followed by sale deed and form part of same transiction the final outcome of the agreement is deed.

So it is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No, the same can not be done.

It can just be used for the limited purpose for which the same has been given.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If in a registered GPA the power to execute a sale deed is given, then the agent is empowered to enter into agreement to sell also.

2. Even though the GPA specifically authorises the agent to execute sale deed, it is understood that an agreement to sell is prerequisite to execute a sale deed and hence the agent can enter into agreement to sell even though it is not specifically mentioned.

Shashidhar S. Sastry
Advocate, Bangalore
4166 Answers
258 Consultations

5.0 on 5.0

No he cannot do so and that would be an overt act and he could be sued . Please see the judgement by sc in Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Client,

Agreement to sell is preceding part to sale deed.

In many deals, agreement to sale is required to confirm sale, otherwise party may turn at last moment.

Rest, depend on language of GPA, if it is restricted to execution of sale deed and no other pre sale engagements.

Well, If GPA when executed to authorized sale of property than it will assume that it also include agreement to sale.

Rest can be advise on perusal of GPA.

And, if selection of buyer and all other deeds are finalized by Principal and agent is only required to present before registrar to act on his behalf to registered sale deed, than not authorized to enter into Agreement to Sae.

Depends on facts of case.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the said power of attorney is specifically made for sale deed then he can't execute agreement to sale.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Sir if the gpa is registered you can do sale agreement since sale deed power is given even in absence of that clause you can do all other related works of sale proceedings. If it is not registered you cannot execute even sale deed.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, yes he can do so ..Agreement to sell is a pre - requisite or initial agreement before executing sale deed

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

A. When General Power of Attorney speaking about power to alienate or transfer the property by way of Sale or Gift that shall be deemed that power has been conferred to enter into Agreement to Sell as this agreement's objective is to sell the property.

B. Hence, no separate power is required to enter into Agreement to Sell. In this regard, General Power of Attorney need to pay sufficient stamp duty and to be registered before the Sub Registrar if GPA speaking about power to Sell.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

Yes , please go through the judgement passed by the Supreme Court in this regard in Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another.

Please feel free to ask me if you have any other queries.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Agent can enter into agreement for sale as he is authorised to enter into sale deed

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Sir the agreement to sale if made in pursuant to same sale deed than form part of same transiction therefore cannot be denied as agreement is done to enter a sale deed.

Kindly elaborate the facts of the case for better understanding.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

That is the law of the land.

One has to honor the terms of the POA in the way it is written

Difficult to find any specific judgment in relation to the same set of facts

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. IF the POA is duly registered AND IF the POA has specific purpose clauses, THEN the POA holder is restricted by the POA clauses and CANNOT do anything else, that is not mentioned in the POA.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The agent cannot exercise any act which is not specifically mentioned in the GPA deed, if he still does then it may not be binding on the principal.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If agent can not enter into agreement to sale on behalf of principal if specific power not given, is there any judgement supporting it?

Why do you require a judgement in this regard if there is no specific instruction to the agent on this in the power deed itself.

Law will not go beyond what is put before it to prove the validity of the relief claimed

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Show POA

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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