Madhan (Sr.Engineer) 05 May 2010

GPA to Owner of Land

Sir,
Last week I was planning to purchase a land at Chennai. that time, I checked the land documents.

The seller (who is going to be sell the property to me) was initially General Power Agent (GPA), after that he developed the layout and make plots. Then he registered the plots to his name (with land owner knowledge).

When I approached LIC housing finance for the land loan, they told me that, this GPA should not registered the land to his name itself, it's offensive.

My question is it offensive as per Indian Property law?
if so, how i can i tackle this case?

please let me know.

Thanks
Madhan

Reply Follow

2 Replies

Darshan Panchal (Advocate) 06 May 2010

In this case there should have been a specific power of Attorney for the land to be transfered in the name of the developer( the person selling to you) by the original owner( the person who has given GPA) and it requires to be stamped and registered. One can not dispose or sell off the property on the strength of General power of Atoorney which is not registered. We assume that GPA was only for getting lay out plan approved. However. specific power of Attorney in respect of the property may be obtained in which power to sell the property has been delegated . Further, power to present and sign the document before Registrar should be there.

Madhan (Sr.Engineer) 06 May 2010

Thanks for the valuable reply Mr.Darshan Panchal.

I read the Genral Power agreement content, it's typically regular one not special Power.

There the content is, the GPA can sell the land to anyone or to many people. And also I nominated him (GPA) for all correspondence of Legal activities. Thats it.

I enquired the GPA (now he is the seller), he told, he settled all the amount to real owner thru proper bank transactions, when he got General Power. Then he decided and registered all the Plots to his name. I referred the sale deed also. There he signed both column (Seller and Buyer signature area)

Is he did correct? or is there any offense?