1) cheque should be issued in name of seller only 

2) deed of confirmation can be executed by seller 

3) it should be duly stamped and registered 

1. See consideration should be paid in account of owner only or in case you are giving proceeds to GPA holder though generally there is no risk but take NOC on letter signed from owner stating sale proceeds.can be given to GPA.

2. See it is not required at all but for your own satisfaction if you want you can sign same.

1. There should be explicit mention of sale proceeds to be given to the GPA holder.

2.  Obtain permission from the landowner in writing saying that he has authorised the GPA holder to receive money on his behalf.

3.  After the owner returns to India, let him execute the registered confirmation deed.

See annex the sale deed to the confirmation deed in that case you have to pay some registration fee only , it won't attract any other stamp duty.

It would be nominal amount 

stampduty is state subject and varies from state to state 

You need to obtain a copy of GPA and the documents relating to property. Many transactions of properties are done through GPAs. But without going through the GPA and property purchase document its not advisable to give opinion.

Deed of confirmation Stamp duty vary from state to state, Contact a local lawyer who can help you with the same.

Dear Client,

Noting to worry, if any issue arise related to money that will be between GPA holder and owner, No effect on your ownership.

No addendum required or permitted, sale through GPA is final and bound on previous owner, only make sure GPA executed by owner only.

6% stamp duty.

1. As per the information mentioned in he present query, makes it clear that the actual owner has executed the GPA in favour of a person to proceed with the sale deed on his behalf.
2. Actually, a recent rulljng of Hon’ble Supreme Court of our country has stated that no GPA or POA or SPA will have legal sanctity in the eyes of law for any type of immovable property transaction.
3. But, the samehas an exemption to execute the same in close relative, otherwise not.
4. So, see if the person is a close relative or not the the actual owner, as if he is not then you may have to face problem, if any litigation arises out of the same in future.
5. And also the deeds should specific as “for sale” word in the GPA, otherwise ask them to execute another with tthese specification.

1. IT would be HIGHLY unwise to pay money to the GPA holder, IF the GPA does not have this particular clause.

2. Avoid any additional "rectification deed" relating to money matters. It is not safe, once the money is already given to the GPA holder.

Keep Smiling .... Hemant Agarwal

Dear Sir,

GPA sales not valid. 

No property sale on power of attorney: Supreme Court

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovableproperty sales is not a valid form of transfer of property.

A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.

"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.

The judgment delivered on Wednesday would have an impact on both freehold and leasehold properties and affect the mode of transfer of property in Delhi and the National Capital Region (NCR) where GPA sales are very common. Even though it can cause some hardship to those who have already purchased property through the GPA, the order will help curb evasion of duties, flow of black money into real estate and also save people from being cheated by unscrupulous owners selling the same property to several people.

• Flat sold by builder to third party whem my Agreement to sale was valid

I had executed a Agreement to sale on one flat at Agra U.P. in 02/11/2012 with a validity of 15 months ,after 15 months the builder with mutual consent and reason that the the construction work is not over renewed it for another 12 months upto  28/01/2015,again with the same reason it sought and extension of another 6 months of agreement to sale which was made and agreement to sale was extended upto 22/07/2015.

After this we issued a notice to the builder and on reply to notice the builder through its legal counsel sought again time upto 15/10/2015.Subsequently again a notice was given on 17/10/2015 to execute the sale deed but the builder again replied by letter and sought extension upto 15/07/2016 with the same reason that flats are incomplete.After 15/10/2016 the builder is untraceable and recently he was arrested on forgery charges and currently in jail.On enquiry I came to know that the builder sold my flat that was having valid agreement to sale to third party with sale deed dated  28/06/2014.During this period my agreement to sale was valid but now builder is in jail what is the legal remedy and the party having sale deed has occupied the flat .now what is the legal remedy me to get my flat back.

Section 53A in The Transfer of Property Act, 1882

1[53A. Part performance.—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that 2[***] where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance

1. The GPA Holder can produce an additional letter from the principal to make payment on his name.

If you are in any doubt about this, you may better draw the cheque or DD in favor of owner.

2. You can obtain a ratification deed or a deed of confirmation.

The deed of confirmation may be obtained in an unregistered document also.

It will not give any effect to the said sale transaction. Its better to wait for owner and then alter the said poa. Or can execute the registration in the owners presence