• Can General Power of Attorney holder sell property?

I hv purchased a plot in durgapur from a GPA holder
and registered the plot in my name.Mutation also done in my name.But there is two places in the sale deed where "Signature of the Attorney" column is unsigned and Ten finger's print and sign over the color photographs is present. Is there any thing to worry?
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

Yes you can sell the said deed can be verified through sub registrar office for genuinity

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

I presume general power of attorney authorised the agent to sell the property 

 

2) in such case sale by registered GPA is valid 

 

3) POA has signed sale deed on behalf of the principal.it bears his photos,finger print and signature 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Missing signature of attorney, seller or the principal of  attorney  in one or two places in sale deed is only a irregularity. It will not affect the validity of sale deed. But if the attorney is willing you can get a supplemental declaration  registered  by him stating the missing of signature is y inadvertence and not intentional. Stamp duty for such agreement is Rs.  100/-

Ravi Shinde
Advocate, Hyderabad
5129 Answers
42 Consultations

Such issues should have been notified at the time of registration itself.

Since the registration has already been done now, the registrar cannot entertain any such modification i.e., signatures in the blank columns.

The ten finger imprint concept is not existing in most of the states these days. 

Therefore you can remain silent about it becasue the sale deed has been registered, however you can contact the seller to put his signature in the blank column meant for his signature in your registered document . 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

- If the said GPA holder was having authority to execute the Sale deed on behalf of the principal i.e. owner of the property then no need of worry , hence you should take the photocopy of the GPA 

- Further, if the said GPA holder dully appear before the Registrar in the presence of two witnesses then the sale deed is valid . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi,  Power of Attorney holder has authorized to sell the property on behalf of the principal and there is a specific clause in the General Power of Attorney  then GPA Holder can sell the property.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear Client,

                 Needless to say, a sales deed must begin with the details of the parties involved with the transaction. It should bear the name, age and addresses of the parties (buyer and seller) involved in the transaction, in order to make it valid. Both parties must sign and execute the deed with bona fide intention.Validity of the Unregistered Sale Agreement. Unregistered Sale Agreement is enforceable in Law, and any shortage of stamp charges can be paid through the Court's order. Such an agreement will be valid for three years from the execution date.In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.The sale deed should be registered at a sub-registrar's office in the presence of the seller, the buyer, and witnesses. If a buyer or seller is unable to be present due to unavoidable circumstances, a person nominated by him/her, empowered with power of attorney, can execute the sale deed. General Power of Attorney is not a valid document for transfer or purchase of immovable property in the eyes of law.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Dear Client,

                 Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on owner's behalf. Even the latest judgement by the Supreme court of India categorically invalidates the sale of a property through GPA.GPAs are not valid transfers of ownership.Unless it is clearly stated that the executor cannot sell the property to himself, it is absolutely legal. However, if the power of attorney holder or executor, takes a wrong course and registers property in his own name without following the legal procedure, then it is a civil and criminal offence.Notarized GPA in this case is not valid. Property transfer through GPA is also not valid unless executed the Sale Deed. However, GPA execution within the family member to manage the property or to get the property transfer need not be registered.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.A  power of attorney to sell property in India is not complicated. Notwithstanding, in 2011, the Supreme Court of India in a landmark judgment saw that transferring property title through a General Power of Attorney (GPA) is illicit.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. You can peruse the power of attorney deed  and can find out from the recitals about the list of  tasks that have been entrusted by the principal to the power agent for carrying out through the said deed.

2.  You can get the power agent to execute a registered confirmation deed to confirm the sale through the said GPA deed if you still have doubts about the title of the vendor/power agent 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

1. He has authority if it's registered gpa. 

That's a lacuna but a curable one

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

There must be clause in GPA authorising power of attorney to sell the property 

 

2) even if signature column is unsigned it does bear finger print and signature over photographs 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

1.You can ask for the copy of the GPA legally for knowing the details and rights of GPA holder

2. If other formalities of registration done , and he has signed the sell deed on behalf of the principal as Vendor then no need of worry.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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