Is sale of Immovable Property through General Power of Attorney (GPA) Safe ?

Is sale of Immovable Property through General Power of Attorney (GPA) Safe . A Special Power of Attorney either to sell or to manage the property. SC says that that such kind of Indirect Sales adversely affected the economy, civil society and law and order Law Articles on various laws , amendments and Judgments from Supreme Court and High Courts in India

This question has haunted the legal experts since long time. However, the controversy has been set at rest recently by the Honble Supreme Court vide its judgment rendered in case titled as Suraj Lamp and Pvt. Ltd. v/s State of Haryana and another.
Honble Apex Court dealt with is whether immovable property can be legally transferred or conveyed through a General Power of Attorney, Agreement to Sell and a Will? Before we embark upon this question, it is very essential to know as to why such kind of indirect sales came into existence. The most dominant reasons for such kind of Indirect Sales were to avoid prohibitions/ conditions regarding certain transfers (as some deeds of conveyance contain the clauses that the property can only be sold after 15 years from the date of construction of some building on the plot/property), to avoid payment of stamp duty and registration charges on deeds of conveyance, to avoid payment of capital gains on transfers, to invest black money etc. The seller of the immovable property in these indirect sales after receiving the agreed consideration, deliver the possession of the said property and executes some or all of the following documents:

(1) An agreement of sale (containing the terms which would be similar to terms of sale) by the seller in favor of the purchaser and undertaking to execute any document as and when required in future.
(2) An agreement of sale agreeing to sell the property with the separate affidavit confirming receipt of full price and delivery of possession and undertaking to execute sale deed whenever required.
(3) An Irrevocable General Power of Attorney in favor of the purchaser or his nominee.
(4) A Special Power of Attorney either to sell or to manage the property.
(5) A Will bequeathing the property to the purchaser (as a safeguard against the consequences of death of the vendor before transfer is effected).
The Honble Apex Court noted that such kind of Indirect Sales adversely affected the economy, civil society and law and order. Firstly, it enables large scale evasion of income tax, wealth tax, stamp duty and registration fees thereby denying the benefit of such revenue to the Government and Public. Secondly, such transactions enable persons with undisclosed wealth/income to invest their black money and also earn profit/income, thereby encouraging circulation of black money and corruption.

RELEVANT LEGAL PROVISIONS

Following are some relevant legal provisions which deals with the matter in hand either expressly or impliedly:

Section 5 of the Transfer of Property Act (hereinafter called as TPA) defines transfer of property as: In the following sections transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself [or to himself] and one or more other living persons and to transfer property is to perform such act.
Section 54 of the TPA defines sales thus: Sales is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
Sale how made:
Such transfer, in the case of tangible immoveable property of the value of one hundred rupees or upwards or in the case of reversion or other intangible thing can be made only by a registered instrument.
Contract for Sale:
A contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties.
It does not of itself, create any interest in or charge on such property.

IMPORTANCE OF REGISTRATION

It is very important to mention herein that the registration has many advantages. Registration provides safety and security to transactions relating to immovable property, even if the document is lost or destroyed. It gives publicity and public exposure to documents thereby preventing forgeries and frauds in regard to transactions and execution of documents. Registration provides information to people who may deal with a property as to the nature and extent of the rights which persons may have, affecting that property. As the records of the registered document is always available, people may see the record and enquire and ascertain what the particulars are and as far as land is concerned what obligations with regard to them. Registration of documents makes the process of verification and certification of title easier and simpler. It reduces disputes and litigations to a large extent.
Now lets see as to the actual importance in legal conspectus i.e. legal sanctity, of the above-mentioned documents comprised in the Indirect Sale of the immovable property, one by one.
First, we will discuss about the validity of Agreement of Sale or Agreement to Sell:

As per Section 54 of Transfer of Property Act, a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. The Honble Apex Court in many earlier judgments after recognizing various provisions of law has held that a contract of sale at the most creates a fiduciary character of the personal obligation and is annexed to ownership but does not in any way amounts to an interest or easement therein. Therefore, transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. Any contract of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of sections 54 and 55 of TPA and will not confer any title nor transfer any interest in an immovable property. According to TPA, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of TP Act enacts that sale of immovable property can be made only by a registered instrument and an agreement of sale does not create any interest or charge on its subject matter.

Second, we will discuss about validity and scope of Power of Attorney:

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do certain acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him. It is revocable or terminable at any time unless made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the grantee. So, power of attorney does not convey ownership. An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor.

Third, we will discuss about the scope of Will: A Will is the testament of the testator. It is a posthumous disposition of the estate of the testator directing distribution of his estate upon his death. It is not a transfer inter-vivos. A Will is intended to come into effect only after the death of the testator and is revocable at any time during the life time of the testator. So, even a Will cannot transfer title or ownership in an immovable property.

CONCLUSION

A discussion above thus holds that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance. Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property.

Last but not least it is further pertinent to mention herein that in the said judgment the Honble Bench has merely drawn attention to the legal position that SA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances. But they can still be treated as existing agreement of sale. Nothing prevents affected parties from getting registered deeds of conveyance to complete their title.

About the Author

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Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

 

 

 

 

 

 

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  1. […] Is sale of Immovable Property through General Power of Attorney (GPA) Safe ? Is sale of Immovable Property through General Power of Attorney (GPA) Safe . A Special Power of Attorney either to sell or to manage the property. SC says that that such kind of ‘Indirect Sales’ adversely affected the economy, civil society and law and order […]

  2. Amit says:

    How to verify documents before buying POA land

  3. Rajendra says:

    I have purchased flat in Nagpur (Maharashtra) by executing registered Agreement for sale and paid full stamp duty. The flat is mortgaged with bank for bank loan. The builder has issued possession letter. The mutation is transferred in my name. Now I want to sale the property. Can I sale the same on the basis of above document.

  4. Raghunandan says:

    Sir,
    I am likely to buy a land located in Bangalore belonging to two joint holders who are NRIs. One of the joint holders, the husband, has executed a GPA in favour of his wife (another joint-holder) on a 200 Rs. stamp paper and executed this in front of a Notary. Please advise:
    1. Would this GPA entitle one of the joint-holders, (wife) to execute the final sale deed with us solely as the husband is unable to travel to India now?
    2. Would a non-registered GPA be accepted as adequate
    for a sale transaction?

    Regards,
    Raghu

  5. S. Chopra says:

    If you are purchasing land from a person who claims title on the basis of a power of attorney, it is advisable that you do not purchase such land as in view of latest judgment of Hon’ble Supreme Court, Power of Attorney does not convey any title to land. However if you still feel compelled to buy such a land, then atleast make sure that the name of the person who has given the attorney to your vendor appears in the revenue record as owner of the land to be purchased by you, and also that the said person is still alive as on date of execution by the attorney of sale deed in your favour for the land you wish to purchase from the attorney (POA). You should also get a Non-Encumbrance certificate for the said land so as to ensure that land is free from all encumbrances.

  6. barknetwork.com says:

    It is really a great and helpful piece of
    information. I am happy that you just shared this helpful info with us.
    Please keep us up to date like this. Thanks for sharing.

  7. Ajay says:

    Suggestion requires :My father family consist of 03 brothers and 04 sisters its ancestral property sold by giving the power of attorney to younger bother that power of attorney was duly signed by all the family members. Now the concern is this younger brother is not going to disclose the exact amount in which he was sold the property neither disclose the property paper .How we can get the information rightly to resolve this conflict. Please help us.

  8. We gave power(registered) to sell our land without receving any amount, later the power agent executed a sale deed to his wife without our knowledge and without giving the amount he promised. Is it possible to recover the land now? Need help.

  9. Jastej S (Team Vakilno1) says:

    It will depend upon the construction of the agreement between you and that person. You might have to file a suit for recovery or a suit for specific performance of the contract.

  10. We gave full rights in the power, In addition to this he created a forged document as receipt(he got sign from us without our knowledge during registration) for the power, through which he claims he has settled amount for us. Please guide us to recover the property.

  11. Jastej S (Team Vakilno1) says:

    As said earlier you have to file a suit for recovery of the amount pleading therein all the forgery and fraud committed upon you. Where a criminal offence is imputed then an application for registration of FIR can also be made against the person. However, the facts and circumstances mentioned by you do not seem to constitute a criminal offence.

  12. sale agreements immovable property validity in the year 1986………

  13. dc jain says:

    A gpa executes sale deeed . After 2years there seems to be some litigation in the plots. Will the gpa holder be liable in this procees . Can a criminal or civil proceedings can be initiate against the gpa. What remedythe gpa has for no fault of his.

  14. priya says:

    we bought a flat in gurgaon on GPA, because registry was not open till that time and now the registery is open but the person who sold us the flat is not transfering the flat to us, so is GPA valid in that case?

  15. Jastej S (Team Vakilno1) says:

    If the GPA is irrevocable then in such a case, it will be valid.

  16. Jastej S (Team Vakilno1) says:

    GPA must not be held for any criminal case. However, the plaintiff in a civil suit is in a position to make the GPA as a party in the said proceedings, depending upon the facts and circumstances of the case.

  17. ak says:

    We have purchase agriculture land in 2011 from person whose name in khatta from 2006, The above land received by person by registred will and transfer in there name in 2006, In 2011 we purchase land and registered sale deed also given in newspaper and converted khatta of above land in our name and now some relative of previous land owner filed application in tehsil for transfer the same in there name because will of person not geniun, As there is not at all our fault as after seven years can any body challenge the will and challenge our registered sale deed and our name in khatta.Please immediately send answer.

  18. Jastej S (Team Vakilno1) says:

    It all depends upon the facts and circumstances of the case. Otherwise, limitation i.e. challenging a Will after 7 years definitely given you an upper hand and you can plead a good defense on this basis.

  19. ashokkumar pareek says:

    sir, power of attorney given by 8 members of family to one of family member, to sold a land in rajasthan. in meanwhile one member was expired before the land sale. whether power attorney was valid after death. if we sale the land after death of power of attorney is valid or not. please gudi me sir.

  20. vipin says:

    Sir, We have paid token amount to cousin of the flat owner from whom we are purchasing the flat in re-sale in gurgaon. The receipt of token amount paid is given by the cousin of the flat owner. The agreement to sell is signed by us and the owner. The flat owner is yet to recieve the conveyence deed from the builder. What precautions are needed to be taken to buy a flat in re-sale / in our case? Pl advise! Regards!Vipin

  21. Sir, I and my sisters was executed a general Power of attorney (Not registered )attested by Notary Public in favour of our relative (Not in blood relation) to sell our land in Rajasthan. Now our relative has been sell our land to any another person,but he is refusing to make payment of sell value to us of same land.Please guide us to recover the property in a little time.

  22. Sudersan Rao says:

    Sir,
    Could you resolve my doubt ?
    I havepurchased Land,still on Regd Sale agreement and paid fully and obtained receipt. The seller gave POA to my Cousin to execute Sale when required. I want to sell it for Profit now to New Buyer.1] Will Buyer give me Draft for sale proceed tin my name or in the name of Original owner? As I had already cleared his dues,I should get the Draft and I should pay the CAPITAL Gains. What will be the calculation for Capital Gains. Thanks Rao

  23. I have a land(registered in the state of Uttar Pradesh) jointly held with my wife. Can POA for this land be made in the state of Uttarakhand in my name by my wife for sale execution.

  24. prasanth says:

    i buy a property before 25 years and iam not registered that.i do only power of registration. today i want to register that property on my son name. if i can registered directly to my son. or we need that person who sell the property before 25 years .. please reply me soon .. iam awaiting for your answer

  25. Alkesh Oswal says:

    I am about to buy a shop property in pune for which sale deed was not executed in the past…the present owner ( who has directly bought the property from builder 30 yrs back ) has got only the agreement of sale and no sale deed..what are the legal implications ? and is it safe to invest in such property ? what can be done to make this deal legally sound ?

  26. S.Gunjal says:

    A friend from Mumbai had purchased a flat in Nashik & has also done registration & paid the stamp duty & was not aware of the Sale deed as in Mumbai too Only Sales agrrement is registered in case of Flat Re-sale. Now after 5 years whne the society had got registered It is asking for the sale deed. Now the whereabout of the seller is not know.

    In such scenario, what is the option to get the sale deed registered?

    Pl guide.

  27. surinder says:

    My grandfather has executed a GPA in favour of my father. Can my father make a sale deed in favour of my mother on behalf of my grandfather? If yes then what should be the consideration amount? Please advice.

  28. MANOJ GUPTA says:

    my friend shifted to Bangalore from Delhi. Now he has given his vacant house on lease . for registration of lease deed , ha wants to give me Power of Attorney in my favor. can this power of attorney be registered or POA can be registered only in blood relation ?

    please advise.

  29. siddharth says:

    sir agar maine apne property ki power of attorny apni wife ko de deta hu to maine apni property sell kar skta hu ya nhi

  30. REKHA A says:

    Sir,

    My father bought small shop in one of Ahmedabad’s suburbs in Oct 2010 through/on POA. Since then shop has not been registered for conveyance deed.
    My father has expired in March 2012 and we want to sell the shop.
    Person from whom my father bought the shop is not co-operating to sign/register conveyance deed.

    We already have interested party to buy the shop from us but we don’t know how to proceed now . I am sure about the validity of earlier POA executed in favour of father given my father has now passed away.

    Would be really grateful to receive your advice on the matter.

    Regards
    Rekha

  31. I have purchased land of 25 gunthas from owner a , and owner a has purchased same land from power of attorney holder on 10 /6/2010 but power of attorney holder taken power attorney of original land owner on 10/6/2006 by noterise power of attorney and mean while owner died on 29/8/2008 and power of attorney holder registered same notarised power of attorney by paying rs 26110 /- and sold same land to a. After one month a sold same land to me I have gave paper notice of same and taken serch report of land a already entered his name on 7/12 I also entered name on 7/12 I have taken light connection on same land Put bowerwell on same started business in same land on permission of panchayarpt also got building permission And now after so called wife of owner put case in sub divisional officer if collecctorate please advise me what to do

  32. Dear sir/ maam,

    I sold a property , agricultural farmland ,in 1988. now 26 years later the buyer is asking me to give him fresh POWER OF ATTORNEY .

    Kindly guide if this would be financially prudent.I fall in the 30 % tax bracket and the current price of the property in question have zoomed 90 times from my selling price and 562 times my purchase price.

    Kindly let me know of both Financial and Legal implications arising out of me giving the buyer Power of Attorney now, i am in my 60,s now and cannot see myself doing rounds of both Incomes Tax Office and Courts for any resulting income tax demands or litigations .

    Please note no money is changing hand now.

    Regards

  33. lokesh says:

    I would like to know since when notarised gpa transaction is cancelled for immovable property in karnataka

  34. pl confirm that the if some one do POA and will on lease property is valid or not

  35. vikas chaudhary says:

    pl confirm that up rent control act is applicable on govt of india land

  36. i want to know that how a builder can execute a builders agreement with land owner in uttarakhand to develop a grouphousing .after development how builder can right to sell its share .

  37. seenu says:

    hi sir,
    I am currently residing in USA and purchased a flat in Chennai.I just want to give power of attorney to my brother in law for further proceedings(agreements,registration) and all. Kindly let me know what is the POA document I need to download. The builders said they don’t need POA in stamp paper.White paper is fine and it should be authorized by embassy here. Tell me how to proceed on this.

  38. snehal patil says:

    I had purchased a flat in pune .but the register is not open that time. I had paid 75% amount on notary register. But registry office is till close. But saler demanding for remaining amount. Then what can I do ?

  39. Jayant says:

    I had purchased a flat in 2002. The flat was registered in the builders office, but I had left the IGR with the builder, to collect the sale deed from the registry office. Later, after a year, I visited the builder to get the deed, it was found that the deed was lost. The builder then lodged a FIR stating that the IGR was misplaced from their office. But on checking with the registry office I found that the deed had been collected by an employee of the builder. However the builder has not been able to trace the deed, the employee having left the firm of the builder. The builder gave me a copy of the sale deed and a copy of the FIR.
    What do I do, to sell the property in the future.

  40. Wow, awesome blog layout! How long have you been blogging
    for? you make blogging look easy. The overall look of
    your web site is great, as well as the content!

  41. sima says:

    I have bought a flat in a CGHS in Dwarka, New Delhi. This is a second sale of the property…the original allotee sold it to Mr A who in turn sold it to me. The will of the original allotee acompanies the property papers that I got when my sale deed was registered with MCD. Do I also need a Will from MR A, from whom I bought the property. Please explain the need for Mutation of this property. Also need to clarify if flats bought in CGHS need to be converted to freehold

  42. sanjay says:

    i owner of land made GPA in favour of my father to manage my property . my father sell the land to a person without my knowledge , but the sale deed remain unregistered due some technical problems . i now terminated the GPA ,the opposite party has filed a suite for malkana hak ,please tell me that can court bound me for the same.

  43. Harshit says:

    Dear Sir/ Madam

    There is one query if any person want to purchase house in the city like yours from the third party to whom such house has been allotted and the third party to whom house has been allotted is required to pay monthly EMI. What legal procedures should I comply to purchase the property from the third party and the third party has also not get possession as the property is under construction nor registry of the property has been done.

    Legal procedure means e.g sale agreement or power of attorney. The purpose of purchase of house by me is claim exemption under income tax Act. if there is any Source from where I could be help also Acknowledge me the same.

  44. sir i have purchased a residential land with GPA before 11.10.11,now i want to convert it with self sale deed or want to sell it to my wife.is it possible?

  45. I think it depends upon the facts and circumstances of the case. It is really a great and helpful piece of information. Keep sharing such stuff.

  46. gs behl says:

    a power of attorney has been given to a person in 2008 he has sold the property to his mother at a negligible amount in 2010
    The property is diverted land and he has sold it as a agriculture land without informing to the principle what is the legal remedy to get the sale deed cancelled

  47. Great suggestions you have made in this blog. One great thing I have noticed in your blog is that your way of explaining every point is very nice.

  48. Outstanding! Your blog provides great information about the sale of immovable property on general power of attorney! It will certainly help the people to get detailed information about power of attorney.

  49. paramjit says:

    my father has ancestral agriculture property in uttrakhand,now he is selling property without the consent of his sons and daughters.can, we prevanted our father from selling out the property.can we claim in property under which act

  50. I had purchased a builder floor through GPA in Dec 2003 . In Gurgaon.( Haryana ) I am interested in getting the Registration done up at the earliest.On my Wife ‘ name. Can you please send me the sample sales deed. The payment was made to the Builder through Agreement to Sell.Executed with me. The Builderhad constructed 4 Floors incl Basement,GF,1 st & 2 nd Floor The Besement & GF was given to the Plot Owner & the other 2 ploors were sold, incl 1 st floor to me.please also provide other clarifications.

  51. i want to purchase flat. but the flat owner ha purchased this flat on gpower of attorney in feb 2010from bulder. please guide me who will make registry of this flat, and also let me know that to whom I may give Biana amount. thanx

  52. Anonymous says:

    i have purchased on flat in south Delhi on Agust,2002.But GPA and SPA is registered with court. But sale purchase aggrement is not registered. Now I am going to convert in to free hold and raising some courries. Value mentioned in my lease deed is Rs. 120000/-. What is the penality and confirm date of Sale purchase deed mandatory to be registered and require circular of gov. for compulsary registration.

  53. vipul patel says:

    Hello, I purchase a home in gujarat, Ihave a registered deed of home, I paid all payment in cash. But now seller dont giving me my possation. they argues that ‘i didnt give him any amount and make this deed on lie’.
    So please give suggetion what is the best way to get my possetion or my money.

    Thanks

  54. lalana says:

    Dear sir,

    I gave token advance to a house ,we have registered sale deed documents from 1999.but before 1999, in 1985 the seller ms. x executed a irrevocable power of attorney in favour of Mr.y to sell the property to 8 buyers ,which she entered into contract for sale. But we don’t have that document.Either Ms. X’s contract of sale or Mr.Y’s sale document,which he sold to z through irrevocable power of attorney.Now we are perchasing the house form Z,there is no link document how Mr. z being the owner of property .Pls suggest can I go for it ?

  55. OK dear sir I am planning to buy a resale flat in cm quota after 11yrs is it 100pcnt safe for me to buy as u know after Adarsh scam many minister are involved Kindly let me know thanks

  56. deyaan says:

    Hi
    I am the third owner of my flat. All transactions including mine has been through irreverent cable gpa. In municipality for house tax, first owner’s name is reflecting. In electricity bill my name is reflecting in possession. I am living here since last 15 years. How do i get sale deed executed new w?

  57. deyaan says:

    I meant irrevocable gpa..

  58. Kunal says:

    I live in Uttar Pradesh. I have a property in Mumbai which I want to sell. Due to health reasons, I cannot travel to Mumbai. My son is willing to travel to Mumbai. How do I sell the property?
    Please reply as early as possible.

  59. RAKESH says:

    SIR, i am purchasing land from power of attorney holders.power of attorney holder is fully authorized to sale the land. i am taking this land with sale deed. this sale deed is valid yes or not. please advise. .i am also taking home loan on this land for construction………
    please reply

  60. raj says:

    one of my relative in australia and he wanted to mortgage his plot (immovable property) in punjab, india to his friend in india , who is investing money in his business in australia.the indian friend who is investing there ,wants to have the list of documents to be taken /signed by the property holder like IRREVOCABLE GPA/ AGREEMENT TO SELL/ MORTGAGE DEED.PL CONFIRM ON THE MAIL MENTIONED ABOVE. THKS

  61. Anonymous says:

    i HAVE PURCHASED PROPERTY IN SOUTH DELHI IN AUGUST,2002. bUT OUR gENERAL POWER OF ATTORNEY and special power of attorney IS REGISTERED BUT SALE PURCHASE DEED IS NOT REGISTERED . nOW i WANT THIS PROPERTY TO BE CONVERTED IN TO FREE HOLD. I require date applicable for registration of Sale purchase deed compulsary. Circular regarding sale purchase deed.

  62. srinivas says:

    sir please guide how to post a question and how should i search for reply and where to search for answer please guide me its little bit new and confusing for me , please, thank you

  63. krishna says:

    Hi,
    Sir
    my father said verbally to my sister to transfer the house in my name in future she also agreed then my father purchased the house in my sister and my brother in law name during 1980,s. Now the house is in my sister and brother in law’s name registered in Bangalore they live in Abroad and also my father written a inland letter to me that (1994 December)When sister comes in August 1995 in front of me I will tell to register the house in my name mentioned that letter. This was written by my father.
    But my dad died on 30th December 1994,same month of the letter written.
    Now when I asked my sister to give gift transfer of the house she says that I will give GPA without mentioning my name or I will not any body’s name but u can transfer the house in my name.(the reason is why my father told to write the house in my sister name because my brothers and sisters are well settled so ME don’t have any thing,)

    Please advice me solution for this what type of GPA should be ? If any please advice me. Thank you

  64. shivanand Jha says:

    Dear Sir

    I want to purchase a plot.Seller having a Power of Attorney from land owner.We wish to know that Is this purchase may safe.Can Power attorney Holder sale the property? Is this too posible that owner of land may revoke power of attorney?I am not interested to go any future litigation. Please advice should purchase plot from Power Attorney Holder.
    Regards
    shivanand Jha

  65. Ajay says:

    Dear Sir,
    I want to purchase a property (floor) in Sudershan Park. The particular property has been sold twice (from A to B and B to C) on GPA. Now, can I purchase it from the seller (C), and get the property registered in my name?

  66. Sanju says:

    Hi,

    My father had bought a flat in Chandigarh in 2001. At that time registration was not open in chandigarh, so he bought it through GPA. The special power of attorney was in the name of my father.
    There was an additional General Power of attorney held in the name of my mother. My father expired few years back. When the registration was opened and we submitted the documents, we were told that unless there was a special power of attorney in my mother’s name, they would not transfer the title. The seller who executed the GPA is not at all cooperating now. Please let me know, what should be done in this case. How should I take this further?

  67. Anita says:

    sir, I would like to know whether Gpa holder can sell flat in his name or owners name and can he receive sell amount in his name? will there be any capital charges?
    pl let me know it will be grateful.
    Thanks Regards
    Anita.

  68. We are two brothers and two sisters respectively aging 58,56,54,52, got married and living at different places with families. My father had purchased one acre of agricultural land for house and farming in Yellamanchili. He died on 04-04-1990. Then my mother gave 13 cent for both of our sisters in 1997 and registerd them there it self.
    Later seven cents land for each of our sisters was given but before it was registered she died on 26-10-2007. There was no settlement deed signed by all of our four brothers and sisters as such.
    Now my elder brother has gifted two houses constructed by my both brothers in his own son’s name . It was signed by My elder brother and his wife who is a teacher in a government school, The occasion was his daughter’s marriage. SON is working in Central Government in a very good post.
    This deed is valid / not?
    How can we get survey of our sites without any problems? How can we trust the survey did not take any fraud measurements?
    Kindly help and guide me what steps our sisters can take in this regard to get our 20 cent each….

  69. Your Name... says:

    Cancel of GPA by one out of more

  70. Can my father give me a POA to sell his property on his behalf and can sign on his behalf in the Sub Reg. Office because he is 88 year old. This property is in Delhi,we both are residing in Delhi. Can he make a will in Delhi
    in my name but the Property is located in Gurgaon, Harayana. Kindly advice me
    Thanks
    property

  71. sampath reddy says:

    sir/madam
    my grand father had given irrevocable GPA to some other x person later my grandpa had died. does that GPA wil be dissolved r still existing ?

  72. Amrit says:

    I have Irrevocable GPA also witness is my brother, now father has been expired, who will be owner of Land my sister, brother, mother or me.

  73. MOHAN says:

    DEAR SIR, WE HAD BOUGHT A PROPERTY THROUGH REGISTRATION IN 2000.PERSON SELLING HAD A GPA IN HIS FAVOUR.IN 2011 PERSON WHO GAVE THE GPA DIED.IN 2013 ANOTHER PERSON GOT THE PROPERTY REGISTERED IN HIS NAME BY CREATING A GPA.IS THE TRANSACTION VALID AS THE PERSON ALSO FOLLOWED THE SAME PROCEDURE AND ENCUMBERANCE SHOWS OUR NAME TILL 2013 AND SINCE 2013 THE NEW PERSONS NAME IS ADDED

  74. Rohini jain says:

    A person holding GPA registered in June 1998 in Delhi can sell the property by executing registered sale deed

  75. Rohini jain says:

    Can a person holding GPA registered in June 1998 in Delhi can sell the property by executing registered sale deed

  76. agarwal says:

    I m searching a decision of court in case of Purchase of Society Flat in Chandigarh on Unregistered Sale Deed/GPA/Will/SPA .

    I had purchased a Society flat in Chandigarh in 2004. As the registration was banned by Chandigarh Administration, the seller (who was original allottee of flat) has executed unregistered Sale Deed/ GPA/SPA/Will/Receipt of payment and issued me Original Share Certificate, Original Receipts etc. On written request of seller, society has given me possession in 2006

    Now seller become dishonest and claiming the flat.

    I want to know if there is any other similler case and court’s decision ?

  77. nausheed says:

    Dear sir,

    sir i am from hyderabad i want to buy property in my area sir what is the meaning of Power to sell Immovable Proper when i am checking in internet Deed Particulars of a Document details i get on document Power to sell Immovable Proper what is the meaning can i purchase this land plz help me out

  78. Sir I have got site of one gunta in our village it is done GPA register in my name but some person has registerd it by Spa register the person tells me that I have given him the spa now he as got sale deed in his name and converted it he as entered in all revenue records how can he please clarify me I

  79. dinesh Swami says:

    Sir Property Sold by mother to doughter with aggrement to sale document in Year 2009. Subsequently apartment deed also happen after 3 months. Now property is fully transfered to her doughter.

    In Year Jan 2014 they have put cancellation deed registereed for ”aggreement to sale” (which is before apartment deed document) They have not cancelled apartment deed.

    Now I am buying this property, Now I should buy from her mother or doughter? As apprtment deed is complete sale aggrement which yet not cancelled by them.So ownership still lies with her doughter.

    Is cancellation deed in year 2014 for agrrement to sale is useful or legal? since sale deed happen in year 2009.
    If I have to buy this property from her doughter, i need to go throgh GPA route as douhter staying aborod. She is providng irrovacable GPA on his mother name for execution of sale deed. I need to uderstand that this GPA should be registered or noterised. Please guide

  80. Bibhas Kumar says:

    Hi,
    I just brought a flat in Kolkata in resale on based on a registered POA given to the owner by his wife.

    Now, the owner wants the original POA back, technically, should I retain it or give it back to him.

    What can go wrong if I give it back to him.

    Thanks
    Bibhas

  81. dinesh Swami says:

    Sir Property Sold by mother to doughter with aggrement to sale document in Year 2009. Subsequently apartment deed also happen after 3 months. Now property is fully transfered to her doughter.

    In Year Jan 2014 they have put cancellation deed registereed for ”aggreement to sale” (which is before apartment deed document) They have not cancelled apartment deed.

    Now I am buying this property, Now I should buy from her mother or doughter? As apprtment deed is complete sale aggrement which yet not cancelled by them.So ownership still lies with her doughter.

    Is cancellation deed in year 2014 for agrrement to sale is useful or legal? since sale deed happen in year 2009.
    If I have to buy this property from her doughter, i need to go throgh GPA route as douhter staying aborod. She is providng irrovacable GPA on his mother name for execution of sale deed. I need to uderstand that this GPA should be registered or noterised. Please guide

  82. Anuj says:

    seller have a GPA in his name from Mr “G”, Mr G bought this property from Mr D via a Registred Sale Deed.
    As per Revenue Department the Property is in the name of Some other person Mr M,
    Total chain of property is missing there ?
    if I buy would it be a legal title and how mutaion will be done in my favour

  83. shehbaz says:

    Sir,

    I had a property registered GPA in asif ali road on dec 2004. But somebody told me that a person has made fake papers of my same house. is it possible. will it create any problem to me. can the court detect his mistake easily. plz reply. i am totally confused and in trouble. my contact no. is 09312107572

  84. I have a immovable property being alloted in my name from the government, of which I have not taken registration for the said property. I want to sell the said property to Mr.X, can I do so?

  85. charanjeet says:

    sir,

    please tell me some property dealer sale a land of 100 sq yard in new palam vihar to me and they said that they are taking GPA from the owner of the land and against that GPA they registering the land on my name in the registrar office infront of patwari so this is right way of something wrong in this , what should i do check in this case

  86. Anonymous says:

    I have purchased a plot in hyderabad in the year 1999 through a sale deed through a registered GPA, with all power of transactions. recently the grantor has expired. Now I want purchase another plot from the same GPA in the same piece of land. i want the following clarifications.
    a) please advise me is the powers of GPA is intact after the grantor’s demisal.

  87. Anaya Jain says:

    Sir,

    I am very concerned, my sister and me own a flat inherited from our dad.
    My brother holds all the documents. He has never shared it with us. Earlier he was living there, since he moved out, we asked him to rent it out.
    He collects cash and diposits it once in 3-4 months, pays maintenance out of the cash and splits the same between my sis n me.
    He pays property tax with cash.
    He holds a General Power of Authority.
    He has off late started talking about selling the property. We are not keen to do the same.
    My question is:
    1) can he sell the property without our knowledge?
    2) what are the documents that we as owners should have?
    3) is the fact that, tenant is not giving us cheque. There is no way to prove it is our property?
    4) having all transaction on bank statements a proof in itself?
    5) can we pay property tax online?
    6) how can I ask my brother subtly for the documents?
    Plz reply to my concern really worried. Since I have no parents, and my brother is a strong personality need to sort this out smartly.

    Awaiting Reply,
    Thank you
    Anaya Jain

  88. shashi seth says:

    My father who was living in Gandhinagar,Gujarat obtained a GPA in August 2004 for our house from his brother who was an ex-army person living in Jallandhar. The plot was allotted to Army person’s and the plot was allotted to my uncle.On the basis of that GPA my brother filed a registered sales deed enforcing my father to sign the deed on the basis of GPA. He filed the sales deed in December 2004 mentioning he has purchaed the house by paying Rupees 4 lac 50 thousand in cash to my father. My father disclosed this matter to me and my two sisters in September 2008. He also informed that he was forced to sign the sale deed and my brother has never paid rupees 4 lakh 50 thousand in cash to him. He also informed me that sale deed was put on hold due to valution of property by the Government. My father expired in November 2008 and my uncle who gave the GPA to my father expired in July 2008. After the death of my father on the basis of the papers given by my father I wrote a letter to Dist. Registrar (Land distribution cell) mentioning the whole situation and requested to keep the documents pending since we are four legal heirs and my father has not made any WILL before he expired. Later on 6th March 2009 I received a letter from Dist. Registrar office mentioning that the house for which I wrote a letter was not belonging to my uncle, it was allotted to some other person and my uncle was allotted the plot in which that person was living and he has also expired. It simply explains that the titles for the property were not cleared and it was also put on hold on valuation ground. On 7th march 2009 my brother got the registered papers released by paying Rs. 1lack 81 thousand as stamp duty. I have filed a petition in District Civil court mentionting all the facts in 2011 and also got a temporary stay on it. Inspite my brother has given the upper flour on rent and does not allow us enter the house. Now the court has asked to file another petition demanding cancelation of Sale deed.

    I would like to know that how could a sale deed be released after the death of my father. Even if the titles are not clear as per government records and the sales deed was put on hold for almost 4 years and 3 months how this trasaction can take place. Can a person who claims that he has paid Rupees 4 lakh 50 thousand in cash could be consired valid however there is now such documentary proof of this trasanction. During the time the sale deed was put on hold my uncle who gave the power of attorney to my father as well as my father who was holding the GPA expired can this deal could be considered valid. The day when the sale deed was released on payment of complete stamp duty my father was not alive how this transacrtion took place.

  89. malik says:

    Sir when started the rule of only for one year general power of attorney.
    plz tell me the date.

  90. malik says:

    Sir when started the rule of only for one year general power of attorney.
    plz tell me the date. Plzz sir

  91. vasant kumar says:

    a sale deed is executed by the POA holder of the seller.

    Can the power of attorney holder receive the compenstion of the sale deed in his own name.

  92. Umesh Shinde says:

    There is a power of attorney deed. It is clearly mentioned in that the executant (owner) can never cancel the said deed power of attorney ex-party. Due to the condition, the collector of stamp charged full stamp duty to the deed power of attorney as per conveyance. The deed power of attorney is executed in Maharashtra before 1st April 2013. Is the act of collector correct?

  93. Abdul khadar says:

    Dear Sir,
    I have created GPA in 2011 and I am going for registration in 2015. what is the percentage of GPA valuation paid to the government of karnataka? Can I directly pay the GPA value to the government is it possible?

  94. ashok kr.derasari says:

    My grand pa purchase building for1862yrs this deed is not registered.but seller grand son sale this plot in other person .pls.suggest me this deed is valid for court casa.

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  101. Arti sahu says:

    My fathee purchased DDA Flat on my mother name in 1998 through power of attorney from sellor, but the registry of the flat is not done till date.
    we are willing to do registry now, is it possible and if yes plese tell the procedure.
    is there any consequences of the seller is not alive?
    Please reply as doon as possible.

  102. Dear sir,
    My father purchase a house in 1983 on the basis of POA, later on we stay there but right now my father wants to sale a house on the basis of POA, can is it a possible to create any problem, because my father wants to sale a house.

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