Yes he can do the same through goa
Hi, My father has a building which is going to be leased soon. Can he give a GPA to his wife and son to collect some part of the rent( say the ground floor). Will the lease agreement done through the GPA be legally valid? Can he(DAD) still lease out the rest of it? say the 1st floor?
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Your father can lease out a particular portion of property or the entire property also by executing a power of attorney deed in your favour as well as in favour of your mother.
There's no legal infirmity in it.
The rental agreement can be entered by the power agents on behalf of the principal/landlord and rent can also be collected by the power agent on behalf of the principal.
Registered Special power of attorney should be executed by father in favour of wife and son to give ground floor on lease ,collect rentals
lease deed should be stamped and registered
Yes, if he grants GPA to his near relatives and the same is registered on this basis the GPA holders can manage the property as per the power given in the GPA.
Registration of any lease in Telangana is compulsory in Telangana. As registration of lease is necessary, a GPA for execution of lease is also necessary. Once GPA is given, the owner of property cannot least the property again. He can do so only after GPA is cancelled.
Yes, your father may very well authorise your mother to enter into a lease/rental agreement with the tenant and collect the monthly rentals in respect of the ground floor property, by executing a special PoA in her favour, which needs to be duly registered. He may execute the lease/rental agreement for the first floor by himself.
- Yes, your father can registered a GPA in the name of your mother for collecting the rent of some part
- Only a registered GPA will be valid.
Dear Client,
Yes, General Power of Attorney (GPA) can be executed by your father in favor of his wife and son to collect rent for a specific portion of the building, say the ground floor. Provided it's properly drafted and notarized, the lease agreement executed by an authorized GPA holder would be a legally-enforceable document. The husband, however, still will have a right of ownership and will lease out the balance like the first floor all by himself unless the GPA restricts him on that. Therefore, it is prudent to make sure the GPA clearly sets out the limits of authority to avoid conflict later on.
Hope this helps. Feel free to ask any further legal questions.
Yes, your father can execute a General Power of Attorney (GPA) in favor of his wife and son to lease out and collect rent for the ground floor.
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In India, a lease agreement can be legally executed by an agent under a General Power of Attorney, provided the GPA explicitly grants the authority to do so. However, you must ensure that the GPA is executed properly, is specific about the powers granted, and is registered if required by law. It is important to verify that the agent is acting within the scope of the authority granted under the GPA to avoid any potential legal disputes.
If you are unsure about the validity or scope of a GPA in relation to executing a lease agreement, it’s advisable to consult a legal professional who specializes in property law to ensure that the lease agreement is legally binding and enforceable.