• GPA

I he given regd GPA to a person. In that I he given full power to sell or transfer the property. Now my question can he sell or transfer the property. Because as per SC property cannot be transferred or sold through GPA.
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

He using GPA can make a sale deed in favour of thrid party . See GPA cannot be instrument to sale but it be used to make sale deed 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the attorney is not your close relative then such GPA is not valid unless it is coupled with interest.

So if the attorney has any interest in the GPA then omly such selling power can be given ; else not.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can yourself sell it to a poa holder and sale deed but you can't sell it directly to poa as sale deed

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

There is no such SC ruling. Once a principal executes a PoA authorising the agent to sell or transfer the property on his behalf, it is perfectly legal for the Power Agent to do so. The PoA remains valid until revoked by the principal.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

On basis of registered POA executed by you sale deed can be executed by POA holder on your behalf 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

The property can be sold and or transferred through the GPA but only this can be done. Ownership cannot be conferred on the GPA holder or the person who has bought the property.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  A Registered POA holder can Sell /Buy /Transfer /Gift /Donate /whatever,  PROVIDED the same is done thru a proper Stamp Duty paid and Registration Fee paid Deed.

2.  IF the above is not done THEN the GPA transaction is legally null & void, for all legal purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

NO the person can't sell the property but can give further GPA and on GPA base he can give possession of the property and further use of the property to buyer.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

a GPA holder can execute sale deed as he has every power in relation that property.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear client,

If a GPA is registered and duly stamped, the GPA holder has the power to execute the sale deed. Any registered property owner can execute a GPA in favour of their spouse, son, daughter, brother, sister or any other relative to manage his property or empower him to execute any further deed of transfer including conveyance, sale and gift deed. Thus the sale through GPA will be a valid Sale.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

He can very well sell the property in the capacity of the GPA.

You have misinterpreted the supreme court verdict, it is actually meant that the a person cannot claim title to the property on the basis  of GPA held in his favor, because GPA is not a title document, it is an authorisation for the holder to do any activity as authorised in the said deed.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

SC says on the basis of GPA ownership dose not trasfer but only authority to act on owner behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

roperty sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

 

Dear Sir,

No GPA holder cannot sell the property as per Supreme Court judgment.

No property sale on power of attorney: Supreme Court

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.

 

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Any such sale will be void. 

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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