Does a registered and duly stamped GPA with power to sell has the power to mortgage and raise loan on the immovable property(Mortgage clause and borrowing powers are not specifically included in the GPA )
Anantha (STUDENT) 05 February 2012
Does a registered and duly stamped GPA with power to sell has the power to mortgage and raise loan on the immovable property(Mortgage clause and borrowing powers are not specifically included in the GPA )
sridhar pasumarthy (ADVOCATE) 05 February 2012
Dear Anantha,
No, agent cannot act beyond the scope of the deed.
GPA holder cannot mortage or raise any loan. Even if done it is void transaction.
Ashish Chakravarty (Advocate) 05 February 2012
Anantha, it would depend upon what was written in that GPA, i.e. the scope of the GPA, if something is not written specifically but generally then yes the attorney holder can bind the executor. Like for example if there is some general clause like the attorney can sell or do any such act as he thinks necessary with such property then mortgage comes within the scope as a general provision is there and coupled with the fact that power of absolute transfer is there , if the courts were to interpret a restricted transfer like mortgage would seem to be will within the scope of such GPA
Ashish Chakravarty (Advocate) 05 February 2012
kvss.prabhakar rao (Advocate ) 06 February 2012
The experts openion in this regard is corect law.