• Registered GPA can it be amended

Hi, 

The Registered GPA missed one point that the GPA owner can collect the sale proceeds in his name and bank account. 

Can this be added as an amendment clause, what is the stamp duty and does it have to be registered in the sub registrar office. Is our safe fir us to pay the GPA holder in that case.
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

Hello,

ammendment can be made for which a nominal stamp duty has to be paid. Do not pay without registration of the said clause.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

See an addendum to the registered GPA can be made and registered a copy of Registered GPA can be annexed to such addendum and same can be registered if the GPA is registered, The registration charge shall be applicable on same and further if such addendum is registered then same is safe to pay to GPA holder.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) if there is clause that money should be paid to GPA holder you can make payment to said holder of POA 

 

2) A power of attorney grant may be amended to expand an agent's ability to act on behalf of the principal, to limit the agent's influence, or to change agents entirely. 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

An addendum to the GPA can be made incorporating the missed clause

The addendum can be attached to the GPA and registered again

As stamp duty is already paid on the GPA, additional stamp duty will not be required 

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

1/. All subsequent changes can be done by a deed of declaration which requires registration s well.

2 . The stamp duty for making such changes is same of what was required at the time of registration of the GPA.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed. 

If the POA has been registered and confers on the GPA holder the express authority to sell the property then the GPA holder can sell the property and transfer the same amount to POA holder. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

You may get registered a rectification GPA deed and normally same fees will be charged which you have paid for registering GPA.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Client,

In cases of GPA, payment made GPA holder only unless not specifically mention in GPA that sale consideration will be paid to actual owner.

OR you can mention this in sale deed that payment will made to GPA holder on behalf of actual owner.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

- Yes , you can add the missed one clause wth the Registered GPA.

- Attatch the said new clause with the registered GPA with an application to the concerned Registrar.

- Since, you have already paid the stamp duty , so additonal stamp duty not required to pay ,but you have to pay         nominal fine for the same.

- Otherwise, you have right to cancel the said registered GPA being executor 

 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

It can be rectified through registered rectification deed 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The principal has to execute a registered rectification deed incorporating the desired additional clause.

There may not be any stamp duty payable but the registration charges have to be borne.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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