Is GPA registered ?
Is B close family relative of A
if not has proper stamp duty been paid of POA
kindly clarify
Hi All, I wanted to reach out to get some clarification on a property transaction that I have done few years back. I have purchased a property that was transacted through a General Power of Attorney (GPA). However, I have come to learn that there might be an issue with this type of transaction, and I need your expert advice on the matter. Here's a brief overview of the situation: - The property was originally owned by Person A. - On 14/10/2016, A Sale Agreement was executed between Person A and Person B; some amount was paid and it was agreed that the remaining amount to be paid in 3 months duration. - On 2/12/2016, Person A issued a GPA to Person B, granting them full control over the property, including the right to sell it. - On 27/01/2017, Using this GPA, Person B executed a registered Sale Deed in their own name, transferring all rights and the Khata into their name. In this Sale deed, there is no signature / attestation of Person A who issued GPA. - On 29/08/2019, After holding the property for 2 years, Person B sold it to me in 2019. Given that Person B acquired the property through a GPA and then sold it to me, I am concerned about the legality and potential issues that could arise from this transaction. Could you please provide your insight on whether there might be any problems with this transaction and what steps I should take to ensure everything is in order? Thank you for your assistance. Looking forward to your guidance on this matter.
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Is GPA registered ?
Is B close family relative of A
if not has proper stamp duty been paid of POA
kindly clarify
1. The GPA has been registered, and a total of Rs 55,000 has been paid as Stamp and Registration charges. 2. Person A and Person B are not family relatives. 3. Furthermore, the sale deed that was executed has also been registered. In the seller section of the deed, it is specifically mentioned that on behalf of Person A, using the GPA, Person B executed the transaction and attested it.
Whether the Person A was alive on [deleted] when the sale deed was registered in Person 'B' s name?.
The Person A was alive when the sale deed was registered.
Transfer of property through POA was made invalid as per the Hon'ble Supreme Court's Judgement in 2011.
The transaction is perfectly valid. If there is any dispute regarding payment of sale consideration, it is between A and B. If a has any rights, it is against B, not against you.
Yes you need to purchase the same through sale deed not gpa. Gpa can only be the medium to execute sale deed
The original owner has not disputed the sale deed made by the GPA holder unto himself on the basis of the GPA deed executed in his favor.
It can be presumed that the GPA as executed by a registered document giving powers to sell or alienate the property in any manner in favor fo the GPA holder.
Therefore it can be construed that the GPA holder has paid the balance of sale consideration amount to the owner and got the sale deed executed unto him by himself on the basis of the GPA executed in his favor.
In my opinion there is no illegality in it.
It appears to be proper.
The GPA holder appears to have followed the procedures properly as per law, hence the reported transactions appear to be legally valid
This confirms that the original owner was very well aware of the said transactions in respect of the property in question.
Therefore the sale of property in your favor by your vendor is also proper and legally valid.
You can be free about it because you have a clear and marketable title to you.
A property sale done merely through a General Power of Attorney (GPA) without a proper, registered sale deed does not transfer legal ownership—as per Supreme Court rulings, GPA itself is not a valid instrument for transferring property title. However, if Person B, acting under a registered GPA from Person A, executed a registered sale deed in their own name (while Person A was alive), Person B would acquire legal title, provided all legal formalities were followed and there’s no fraud or forgery.
Since the final sale to you was via a registered sale deed from Person B, and if all stamp duties and registrations were properly done, your title is relatively secure. But:
Ensure the GPA was valid, registered, and explicitly authorized the sale.
Check there are no disputes or pending litigation from Person A.
Get the chain of documents legally reviewed by a property lawyer.
In summary:
Your purchase looks compliant if proper sale deeds were registered at every step. However, GPA transactions are legally sensitive—get documents verified by a lawyer to avoid future disputes. Avoid any future purchases based solely on GPA transfer.
The transaction between A and B where A acted through his POA and thereafter from B to you, appears to be legal and valid
The bar is against selling property by giving GPA to the buyer
There is no legal bar however against an owner giving a GPA to another person for the purpose of registering the sale deed on behalf of the owner
Based on your description, you purchased a property in Bangalore from Person B, who had earlier acquired it using a registered General Power of Attorney (GPA) from Person A. Person B executed a registered sale deed in their own name using the GPA and later sold the property to you. Here are the key legal considerations and guidance:
A sale or transfer of immovable property in India must be completed through a duly executed and registered sale deed. The Supreme Court of India has clearly ruled (notably in the Suraj Lamp & Industries case in 2011) that sales of property solely through GPA, agreement to sell, or will are not legally valid conveyances of title. However, a GPA holder can execute a registered sale deed on behalf of the true owner, provided the GPA specifically authorizes the attorney to sell, and the transaction is registered with proper stamp duty.
In your case, Person B executed a registered sale deed in their own name under a GPA from Person A. If the GPA was registered, was not revoked, and Person A was alive and competent at the time, it is generally permissible for the attorney (Person B) to sign as "power agent" of Person A, executing the deed in favour of themselves, so long as the GPA explicitly allowed it. The sale deed’s validity depends on the substance and wording of the GPA, and strict compliance with the Registration Act and Transfer of Property Act.
Joint sales by GPA-holder to themselves (self-dealing) can be subject to extra scrutiny, and Person A’s interests must be protected. If Person A never challenged the transaction or revoked the GPA while alive, the deed stands a stronger chance of being accepted as valid, especially since the sale deed is registered and stamp duty paid. Mere registration of a GPA and sale deed, however, does not make up for fundamental defects in authorization or procedure.
When you purchased from Person B, you became a bona fide purchaser, provided you acted in good faith and the sale deed, GPA, and all property records were clear and unchallenged at the time of sale. Registered sale deeds are presumed valid unless proven otherwise, but a sale deed can be challenged in court if, for example, the GPA was forged, revoked, or fraudulently used; or if Person B did not have clear title at the time of your purchase.
Recommended Steps for You:
Obtain and carefully review the original registered GPA to confirm it expressly empowered Person B to sell and even transfer the property to themselves.
Obtain certified copies of the Sale Agreement(s), Sale Deeds, and mutation/Khata records.
Conduct a fresh encumbrance and title search at the Sub-Registrar Office and municipal/local records to confirm there are no adverse claims or prior disputes.
If possible, secure a declaration or indemnity from Person B regarding any past or prospective challenges.
If you find any ambiguity or if the GPA omits the authority for self-dealing, consult a local property law expert to assess risks and mitigation steps.
If Person A was alive, aware, and did not raise objections at the time, and all required legal formalities were complied with, your title is likely on strong legal footing for ordinary purposes. However, be aware that sales involving transfers by GPA—especially if the GPA holder sells to themselves—can be more susceptible to dispute than direct sales, and prospective purchasers in India are strongly advised to ensure all conveyancing formalities are strictly followed.
If you need assistance in scrutinizing your chain of title, conducting due diligence, or addressing potential challenges, please contact us at for further guidance and legal support.
In certain regions, considering they may be Lal Dora areas, registration of sale deed is not allowed. Hence, property is transferred on GPA coupled with a Will and an Agreement to Sell. All documents need signatures of both the buyer and the seller, except for the Will which will bear the seller's signature. These documents are registered from the Revenue Department, although before the Court of law, it is a gray area. Be that as it may, there is a PM Regularization of Unregularized Properties Act which is under scrutiny. If the same is cleared, these properties will be allowed to be regularized to make things easier, provided the documents are proper.
The chain of documents that you need to verify are the GPA, Will, and ATS from all previous sellers to their respective buyers to ensure the sale was proper.
Your case involves a property sold using a registered GPA (General Power of Attorney), which raises a few important legal concerns:
✅ Key Points in Your Favor:
1. Registered GPA – The GPA is valid if it was registered and executed voluntarily.
2. Stamp duty paid – This supports the authenticity of the transaction.
3. Person A alive at the time – GPA remains valid while the principal (Person A) is alive.
4. Sale deed registered – This adds legal weight to the transaction.
⚠️ Concerns:
Person B executed the sale deed to themselves using GPA – This is legally tricky and may be considered self-dealing, which courts may not uphold unless explicitly authorized in the GPA.
No signature from Person A in the sale deed, Normally, even under GPA, a self-sale should ideally have principal’s consent or ratification.
📌 What You Should Do Now:
1. Verify GPA language – Check if it explicitly allows Person B to sell to themselves.
2. Check for any challenge – If Person A or their heirs have not contested the sale till now (about 6 years), the risk reduces but not eliminated.
3. Get a title opinion from a property lawyer – A legal vetting of all documents including GPA, sale deeds, encumbrance certificates, and revenue records is essential.
4. Apply for a validation deed (if needed) – In some cases, you may file for a rectification or ratification if Person A is alive and cooperative.
✅ Conclusion:
The transaction may hold legal ground, but the self-dealing GPA use is a grey area. To protect yourself, get a thorough legal verification and consider title insurance or declaratory relief if needed.