• Buying Property that has been registered through sale deed using General Power of Attorney.

Hi, this query is related to the GPA. We are in process of purchasing an agricultural land and during the legal verification we see that one of the sale deed has been executed through GPA. The owner of the property has executed a GPA in year 2016, in favour of some third person (name-XY) and in the clauses it is clearly mentioned that the GPA holder has right to either manage or can sell his property to anyone. This particular GPA has been registered and authenticated by the Sub-Registrar. Upon this, a sale deed has been executed in year 2017 and the property is transferred to the GPA holder himself upon presenting the executed GPA to the Sub-registrar. RTC and all other required documents has been transferred to the GPA holder upon executing sale deed. Can this property be purchased or do we see any legal issue?
Asked 3 months ago in Property Law
Religion: Hindu

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11 Answers

1. Transfer of property through unregistered GPA is legally not valid. However, if the GPA is adjudicated/registered in the jurisdictional District/Sub Registrar's Office by paying the requisite stamp duty, then the sale deed executed based on such GPA would be legally valid. However, this should not be construed as Legal opinion as the property documents have not been scrutinised by me.

2.  Before purchasing the property get the property documents vetted by any Lawyer before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

You can purchase the property as original owner had executed registered GPA for sale of property and on basis of GPA sale deed has been executed duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Yes you can buy the same but need to execute a registered sale deed for the same

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1) Yes you can purchase the property without any legal issue, since the GPA was registered and the same had been authenticated by the Sub-Registrar.

Zafreen Khan
Advocate, Greater Mumbai
40 Answers

5.0 on 5.0

Hello,

 

  1. There are two things that need to be complied while a PoA is selling a property, that the PoA must be a registered PoA and secondly that there is specific clause with wording that says that the PoA is authorised to sell/transfer.
  2. Fro your description it is clear that both the conditions are fulfilled. The PoA can sell it to himself and there is no bar.
  3. You should not have any legal issues if you.purchase. It is advisable to give publication the newspaper of your intentions to purchase inviting objections if any from anyone else having a claim.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

As the property stands transferred to the name of the GPA holder, now he becomes the absolute owner of the property by the virtue of the registered sale deed on his name.

It is immaterial whether he got it transferred through a GPA holder by a sale deed or directly from the owner, since the property stands on his name by a registered sale deed, he will be considered as a property owner with clear and marketable title to sell the property.

Whatever, you may  first obtain a legal opinion  before buying the property

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Dear client,

as gpa is not valid for any property to being transferred. therefore you can easily purchase the property

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

Hi, GPA is registered one and GPA Holder has authorized to sell the property on behalf of the Principal. Then you can purchase the same.

Pradeep Bharathipura
Advocate, Bangalore
5468 Answers
314 Consultations

4.5 on 5.0

Yes it can be revoked on grounds of fraud or other grounds if it is contrary to intention for which it was issued

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1. If the GPA deed was executed by the principal and the same has been registered by the sub registrar then it is a legally valid document. 

2. Once the transaction has been completed by a registered document, by the power agent then the principal cannot revoke the registered transaction. 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

It is acceptable 

 

2) once sale deed has been executed on basis of registered GPA owner cannot revoke the GPA 

 

3) it is binding upon original owner 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

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