• GPA transfer

Can a power of attorney of a property appoint another person as attorney in GPA and revoke himself.
My question is if someone is buying a property from GPA not through registry and for some reasons if registry cannot be done in that area then GPA owner can transfer its GPA to another person who is buying the property and in future if new GPA owner want to sell this property or need to execute sales deed can he/she need previous GPA owner or registry owner??
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

1) GPA can be given by principal to another person 

 

2) for sale of property specific POA should be executed duly stamped and registered in favour of family member 

 

3) on basis of SPA registered sale deed can be executed by SPA 

 

4) if registry is not possible dont purchase the property 

 

5) POA does not confer title to property 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Hi, a GPA holder cannnot sell or transfer the property to another person through GPA..In simple words a GPA holder cannnot execute another GPA

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

an immovable property can never be sold or transferred under a GPA

your seller, if he is having only a GPA, and not a registered title document, then his title is defective

consequently no good title will be passed on to you

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

No agent cannot further appoint an agent that is Power of attorney cannot further authorise somebody else on behalf of principle.

No the owner of property either give new GPA to purchased or GPA register sale deed in favour of new purchaser. GPA cannot further give GPA.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

GPA with consideration and registered cannot be revoked unilaterally.  IF GPA not registered than it can be revoked and owner can execute fresh GPA in favor of third person.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

an agent cannot delegate his own responsibilities or obligations as an agent to a sub-agent without the permission or knowledge of the principal of whom he/she is the agent.

Regards 


In 2011 the SC banned the sale of property through the GPA and stated that such transactions would be illegal.

Therefore even if you transfer the GPA to another when you are in fact selling it to the new gpa the property would not be registered.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Delegated power can not be further delegated and as such the attorney can not further appoint an attorney. 

This can not be done, any such act as proposed by you will be bad in the eyes of law. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Registry is covered in all areas. Buying only on power of attorney is barred by supreme court vide its judgement. As a single property was sold to multiple buyers through the same. The power of attorney can be only cancelled by original person who gave the same.

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

If the original Deed of POA EXPRESSLY authorises the POA to appoint another person as Poa 
He can appoint another POA in place of him.This is perfectly legal. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If transfer of title and registry is not possible, then you should not buy this property at all.

Title your property is only passed after execution of of sale or conveyance deed only, and not by GPA. A sale deed must be carried out for transferring property titles, following which the buyer has to pay stamp duty and registration charges. 

Supreme Court of India has held that “a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property”.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Hi,

The said power of attorney would not be valid. However, if the person uses all the rights of possession or transfer, the same would be valid. In short, the GPA clauses to first attorney will decide as what are the limits of his/her work and whether he can assign any other attorney or not.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Sir,

 

- Be informed, A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property.

- A power of attorney does not convey ownership. An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor

- Do feel free to connect incase needed further any help as being local lawyer can help you understand more on this. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

A GPA agent cannot execute another GPA to a third-party.

A GPA cannot sell the property by executing another GPA to the prospective buyer, it is illegal and invalid.

GPA is not a title document.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

  1. As per the information mentioned in the present query, makes it clear that the transaction may about to execute by way of a GPA.
  2. Let me tell you that now as per the recent ruling of Hon’ble Supreme Court, GPA or POA or SPA would not be a valid document for executing any transaction with respect tot he immovable property.
  3. But, there has been an exception as the same may be acceptable in the eyes of law, if executed in the favour of any close relative like mother, brother, sister, son, father, daughter etc.
  4. But it has to be registered by way of sale deed, either selling or buying after paying requisite stamp duty to the revenue state.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer