Rajkumar (Advocate) 23 September 2014

Can general power of attorney holder get sale deed himself

party no. 1 was interested in a class II land. hence, party no. 1 purchased aforesaid land by only executing general power of attorney (with clasue of sell to himself / other after conversion of land into class I). After converting class II land into class I party no. 1 made sale deed in his name by himself (or say being a GPA holder). Is party no. 1 legal ower of said property now. If yes, then please provide related judgements........... urgently needed in my case.

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4 Replies

Hardeep (Business) 23 September 2014

A person can't be both buyer and seller of the same item at the same time. So, to my mind, the GPA is flawed to begin with.

ganesh nag bv (Advocate) 23 September 2014

It is not invalid clause in the GPA and the GPA holder can execute a sale deed for him self as it is not barred by any law. he is representing the attorney for the sale and he is purchasing for himself .

Hardeep (Business) 23 September 2014

Well that is interesting - would appreciate case citation if any, thanks.

in Suraj Lamps vs State of Haryana it has been held that a GPA can be taken as a sales agreement but parties will still have to get registered deeds of conveyance to complete title. so if A gave a GPA to B, to transfer title a deed of conveyance will have to be drawn between A and B. Although B could transfer to C on behalf of A. This is because an Attorney operates in a fiduciary capacity and can not use the PoA to benefit himself.....

This is how I understand it - am open to corrections, though.