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vikas gupta   18 July 2024

Gpa is not veiled document

No, the GPA holder cannot directly sell the property. According to the Supreme Court of India, a power of attorney is not a document of transfer concerning any right, title, or ownership of immovable property. As a result, the Indian Supreme Court issued an order barring municipal organizations from changing or registering properties based on such documents. In contrast, the Supreme Court upheld the legality of lawful GPA transactions.  GPA is a term for general power of attorney. You can provide a GPA execution to his spouse, son, daughter, brother, sister, or any other family to handle the property as a registered property owner (the person whose name is on the title to the property in government records, usually the Registrar's Office). The GPA document (or deed) must be registered with the Registrar's Office or another authorized institution to become a legitimate legal document. Can a GPA holder execute a sale deed? No, the GPA holder cannot execute a sale deed without the owner's consent. The court stated that nothing prevents concerned parties from obtaining registered deeds of conveyance to confirm their ownership. Section 53 A of the 1882 Transfer of Property Act can be used to obtain particular performance or to keep possession. As a result of the Supreme Court's decision, many Indian states have made it illegal to register property sold through a GPA. Furthermore, the Supreme Court's landmark decision has already aided in limiting the unrestrained flow of black money in India's real estate sector, where property titles are frequently corrupted. By the Sale Agreement, Cum General Power of Attorney, ownership rights were not transferred. Suraj Lamp Industries Private Ltd v. State of Haryana was a case decided by the Supreme Court.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=227276



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 July 2024

Please peruse and understand the impugned judgment fully and properly in order to correctly interpret the same.

This judgment is more than a decade old. 

It clearly states that the power of attorney is not a title document hence anyone claiming title on the basis of GPA is not valid.

However a power of agent by the virtue of a registered power of attorney executed in his favor can perform the tasks assigned in the POA deed including execution of registered sale deed on behalf of the principal.

naveenraj jain (proprietor)     18 July 2024

sir . there have been numerous GPA related transactions and transfers where sale deeds are executed much before the order came into force... what happens if a certain property whose past three transactions show encumbrance by way of unregistered GPA . does that invalidate the title???

T. Kalaiselvan, Advocate (Advocate)     19 July 2024

Transactions made through Unregistered documents will not reflect on EC.

Be clear in your question. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 July 2024

A sale of property through a General Power of Attorney (GPA) or a General Letter of Authority (GLA) is not considered a valid sale, as per the Supreme Court's ruling in 2011. The court held that a GPA or GLA does not confer ownership rights, and any sale made through such a document is not valid. This is because a GPA or GLA is only a proxy to act on behalf of the owner, not a transfer of ownership. To sell a property legally, a registered Sale Deed is required, executed by the owner or authorized representative, as per the Transfer of Property Act, 1882. However, some states like Maharashtra, Delhi, and Karnataka have introduced specific laws or regulations to validate sales through GPA or GLA, subject to certain conditions. It is essential to consult a legal expert to understand the specific laws and regulations applicable to your situation.


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