GPA holder cannot stand for elections and be a office bearer in the society
he is not the owner of villa but only power of attorney holder
Can a GPA holder of a villa become residents welfare association President?
Hello all, Our society is registered with ksra 1960. Last year on August we conducted our first elections to elect all the office bearers. Before that there were a group of volunteers who came forward to work on the society registration and get the deed of declaration from the builder. During the election the then office bearers appointed a voluntary group as election committee to oversee the election. The election committee on their part created a nomination form for all candidates. In the nomination form they have made all the candidates to self declare that " They are an owner of a villa in the society and that they have a registered sale deed in their name" . The election committee on trust did not checked the ownership documents of all the candidates. Now it has come to light that the current president is not an owner of the villa he resides. When this was brought to the general secretary, he says that the president is holding an registered GPA and that he is vested with full legal authority to act on behalf of the property owner, and is entitled to exercise all rights and powers pertaining to said property. He also says that they have reviewed and confirmed this with the legal counsel. We tried to reason with him regarding the supreme court ruling on the gpa holders however he is reluctant to take any action on this. He claims that the gpa holder can be a part of the office bearers as per the society legal counsel and that he is not ready to ask the president to step down. Some of the members feel like this will lead to confusions and issues and will set a precedent in the future. Our bye laws don't say anything about gpa holder. is it right that the gpa holder can become an office bearer ? Is it considered as an owner of the property? Is the action of general secretary is right ? Please advice
Asked 8 months ago in Property Law
Religion: Hindu
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10 Answers
1. If the registered GPA holder is authorised to act on behalf of the owner of Villa, then the GPA holder can become an office bearer.
2. GPA holder can't be considered as the Owner.
3. The action of general secretary is legally right.
No, a GPA holder is not considered the legal owner as per the Supreme Court (Suraj Lamp case, 2011). If your society’s nomination form required a registered sale deed in the candidate’s name, the current president is not eligible.
The General Secretary’s claim that a GPA holder can act as an owner is incorrect for society membership and election purposes—unless your bye-laws specifically allow it (which they don’t).
His appointment is invalid, and this can set a wrong precedent.
Suggested actions:
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Raise a written objection to the Executive Committee.
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Call for a Special General Body Meeting.
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Escalate to the Registrar of Societies if needed.
The GPA deed is neither a title document nor the power agent can be treated as a owner of the property for any reason.
The election to association clearly mandates apart from other eligibility conditions that a person contesting the election should be an absolute owner with registered title document on his or her name.
The current president has occupied the post by playing fraud and the opinion obtained from an advocate in this regard is also legally incorrect.
A special meeting of the association can be called for discussing about this irregularity and to strip the president of his post, to conduct fresh election for the post of the president with the concurrence of the deputy registrar of cooperative society.
If the management committee is not in favour of this proposal then you can make a complaint about this irregularity to the deputy registrar of cooperative society for intervention and for passing suitable orders as prescribed in law for this purpose.
In Karnataka, under the Karnataka Societies Registration Act, 1960 (KSRA), the eligibility of a General Power of Attorney (GPA) holder to become an office bearer depends largely on the society’s bye-laws. Here’s what you need to consider:
1. GPA Holder vs. Property Owner
- A GPA holder is not considered the legal owner of the property. The Supreme Court of India has ruled that GPA does not confer ownership rights unless a registered sale deed is executed.
- If your society’s nomination form explicitly required ownership, then the current president may not be eligible to hold office.
2. Society Bye-Laws & Legal Counsel’s Interpretation
- If your bye-laws do not mention GPA holders, the general secretary cannot unilaterally decide that a GPA holder is eligible.
- The legal counsel’s opinion is advisory, but it cannot override the bye-laws or the Supreme Court’s ruling.
3. Steps You Can Take
- Challenge the appointment: If the election committee did not verify ownership, members can file a formal objection with the Registrar of Societies.
- Request an amendment: If members feel this sets a bad precedent, propose an amendment to the bye-laws to explicitly exclude GPA holders from office bearer positions.
- Seek legal intervention: If the general secretary refuses to act, members can approach the Karnataka High Court for clarification.
GPA Holder is never an owner of the property and this settled by law of the land.
So the claim of the Society in favour of the President has no legal bearing.
In that even the members through Special General meeting can vote to oust the present President and select another eligible member as the President.
Else lodge complaint with the Authority and then file writ petition in high court.
- A POA /GPA holder cannot become even a member or office bearer of the society.
- Further, As per Supreme Court in the matter of Suraj Lamp & Industries Pvt. Ltd. Vs State Of Haryana clearly held that except a sale deed none other document like GPA is a title document.
- Hence, he cannot be considered as the owner of the property , and a complaint can be filed against him.
Any attorney cannot function as office bearer of an association on the basis of GPA issued by person entitled to the office. Issue a lawyer's notice seeking his removal, any member can challenge his position as president, after that give a representation to Deputy Registrar. You can also approach directly High Court in writ jurisdiction and seek his removal.
Your society's bylaws and the GPA issued in favour of the 'president' need to be perused so as to render proper advice in the matter. However, from the facts presented, generally a GPA empowers the power agent to do such acts as are related to the property demised. It cannot not automatically enable the power agent to become a member of the residents' welfare society which act is totally outside the scope of the GPA. You may raise your objection in writing with the secretary and seek his response (in writing) duly supported by documentary evidence.
By gpa he is not actuall owner but enjoy benefits of ownership. As per SC judgement gpa transfer of immovable property is void but earlier transfer before that judgement is not affected
