General power of attorney

Debanjan Goswami (Querist) 18 July 2018 This query is : Resolved
A sister unable to move from UP to West Bengal for transferring her undivided share in and
between her father's property in favour of her brothers. she delivered a Registered General
Power of Attorney to her younger brother in full blood relation with the elaborate description of
her shared property with the Power to sell/ convey or gift or manage etc.
now in West Bengal the younger Brother execute one registered Deed of Conveyance in favour
of the brothers of the said sister including himself through that GPA paying full stamp duty and
registration fees.
will this procedure is valid?
Is there anything which is illegal?
some person's opinion is that if the GPA holder was not present as purchaser then it is right. but
the GPA holder cannot sign as seller or Purchaser.?
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Kishor Mehta (Expert) 18 July 2018
GPA holder cannot be one of the purchasers.

R.Ramachandran (Expert) 18 July 2018
First confirm whether the transaction stated by you has been done or yet to be done.

BAALASUBRAMANNYAMM (Expert) 18 July 2018
A GPA Holder can also execute a Registered Sale Deed in his favour, subject to payment of total sale consideration made to the owner of the property and also payment of required stamp duty/duties. Since a GPA has already been executed, the seller's presence is not required, as practiced in Andhra Pradesh.

Guest (Expert) 18 July 2018
A Good Precise and Perfect Advise by Expert Mr, Balasubramaniam

Guest (Expert) 18 July 2018
The Power of Attorney Holder is Not Barred by Law to Sell the Property to him self following up the Procedures.

Debanjan Goswami (Querist) 18 July 2018
The transaction was already made and duly registered after paying the full stamp duty and registration fees as per norms. Now some of my learned friend differs that this transaction is barred by Law. I am not able to get a presidence, where any Ld. Court issued an order or Orders to restrict that type of transaction.

R.Ramachandran (Expert) 18 July 2018
It is wrong to say that the stated transaction is barred by law.
A GPA can act in dual capacity - one as a seller and another as a buyer. Therefore, there is no legal infirmity in the above transaction. It is perfectly valid. PLEASE DO NOT WORRY.

BAALASUBRAMANNYAMM (Expert) 19 July 2018
Thanks Mr. Rajkumar garu.

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