Registered GOA is necessary to sell ,gift the property
2) you can revoke your POA
3) issue public notice about revocation of POA
Property transfer using unregistered GPA with notary seal
Hi , I had given my father GPA for construction of house and manage bank loans, around 16 years ago, it is un registered with notary seal, He is collecting rent and not paying anything to me, now he wants to transfer/divide the property to my younger brother. Also, he is not letting me in the house and I get harassment from both my brother and father. The property sale deed is in my name, also the mortgage which is paid of now, was taken in my name. What are right to get back my property and original documents from my father, also stop getting harassment. Can he transfer the property using un registered GPA with notary seal without my permission Regards, Lokesh Regards, Lokesh and he is not ready to given my original documents.
Asked 1 year ago in Property Law
Religion: Hindu
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8 Answers
1. Revoke the GPA given by you to your father and publish about the revocation of GPA in local and English language newspapers and warn the prospective buyers of the property that they would not get clear title to the property if they deal with your father and buy the property.
2. To get original documents of the property from your father, send a legal notice to him, to return the original documents forthwith.
3. If your father refuses to return the original documents, lodge a Police complaint and retrieve the original documents.
4. Otherwise, you can apply and get certified copies of the sale deed from the jurisdictional Sub Registrar's Office. Certified copies are as good as the original one .
5. Publish a Public Notice in the leading newspapers intimating the public not to buy the property from your father by virtue of GPA, as you have cancelled and revoked the GPA given in your father's favour.
Property transfer on basis of gpa is illegal and inadmissible
The unregistered GPA deed is not a legally valid document for the power agent to sell the property on behalf of the principal.\
Any transaction pertaining to the transfer of immovable property can be done only by a registered document.
You can issue a legal notice to your father communicating your decision to revoke or cancel the power of attorney deed and followed by a newspaper publication to this effect and demand your father to vacate the proeprty, deliver vacant possession of the same and to pay rent every month till the time he vacates the property.
If he is not returning the original documents, you may include this also in the legal notice and demand to return the same, failing which you can ledge a criminal complaint against your father with the local police and seek remedy
you will have to file a suit for recovering the property
property cannot be sold using the GPA if there is no power to sell contained in it
you can also revoke that GPA if you apprehend that it will be misused
Dear Client,
It is true that a GPA has to be registered before a sale can be made on its basis. No conveyance is possible through an unregistered GPA.
Registered Sale Deed in April 2005 based on notarised GPA is legally valid, because the Registration of GPA was optional before the Hon'ble Supreme Court.
Sale through GPA is not valid.
The provisions of Section 17(1)(g) of the Registration Act apply. Though POA creating power of right of transfer or any transaction relating to immovable property is required to be registered compulsorily, those executed in favour of close relatives such as father, mother, husband, son, daughter etc. have been exempted. As such, the transaction is valid.
Property sales through common practice of General Power of Attorney will not give ownership title to the buyer.
While stating that property transactions done through general power of attorney (GPA) had no legal sanctity, the Supreme Court (SC) ruled that only registered sale deeds provide any legal holding to such transactions.
Thank You.
The unregistered PoA is invalid in law, and shall not be admissible in evidence in court. You have all the rights over the property as the real title-owner. In the circumstances, you need to file a suit at the proper court, in consultation with a lawyer, for declaration of your title and for repossession of your property from your father and your brother, making them defendants in the proposed action. Plead for an interim order restraining them from collecting any rent or acting in any manner detrimental to your interests. However, you need to be wary that they may claim title on the basis of 'adverse possession', which you have to contest.
- As per law, an unregistered GPA having no legal value ,and a holder cannot use the same for the transfer the property in others name.
- Hence, your father having not right to transfer the property in the name of your said brother on the basis of that GPA , and any dealing out of the clause as mentioned in the GPA will be invalid
- Further, you can also cancel the said GPA after giving him a notice for the same and also after publishing in the news paper.
- You can lodge a complaint against him and the said brother for stealing and holding the property document , and also can issue a legal notice for the same.
- Further, you can also file a Mandatory & Permanent injunction suit for evicting them from your property .
