• Rental agreement through gpa

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?
Asked 8 days ago in Property Law
Religion: Hindu

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10 Answers

Yes he can do the same through goa

Prashant Nayak
Advocate, Mumbai
33212 Answers
218 Consultations

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.

T Kalaiselvan
Advocate, Vellore
88184 Answers
2382 Consultations

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 

Ajay Sethi
Advocate, Mumbai
97982 Answers
7950 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23424 Answers
528 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
4663 Answers
42 Consultations

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. 

Swaminathan Neelakantan
Advocate, Coimbatore
2983 Answers
20 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14964 Answers
227 Consultations

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.

Anik Miu
Advocate, Bangalore
10524 Answers
122 Consultations

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.

  • The lease agreement signed through a registered GPA is legally valid.
  • Your father retains rights over the rest of the property (1st floor) and can lease it out separately.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
826 Answers
3 Consultations

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.

Biswadev Chattopadhyay
Advocate, Asansol
3 Answers

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