Can GPA holder transfer property without permission of actual owner
20-Jul-2023 (In Property Law)
My father purchased the site from a person AA in 1995 by GPA.GPA is registered and gives right for my father to sell and enjoy as wanted by my father.Till today, my father has not registered the property on his name nor sold .There was no objection from the person who gave the GPA till today. But now, my father is planning to sell for which i suggested him to first register the property .Now the questions is can my father register the property on my name, with out the presence of the person who gave the GPA to my father?The GPA person is alive today.Wedontwanttocallhim as he may ask money.
A recent supreme court verdict is quite significant, in disallowing “General Power Of Attorney” (GPA) as a legitimate way to transfer property title
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
Can a power of attorney holder sell the property?
The Supreme Court ruled that on April 22, 2022, those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 20-Oct-2023
What are the powers of a GPA holder?
A General Power Of Attorney (GPA), is a document that allows a person to appoint another person, the GPA Holder, to perform all of the acts listed in it on behalf and for the Principal. The GPA holder's acts are as binding on the principal as if they were done by him.
Can a registered GPA holder sell the property to himself?
It is possible for the person who holds the power of attorney to sell their property to themselves. It can be done only by registered sale deeds and not through PoA. It should clear up any doubts you have about the recent supreme court judgment on power of attorneys 2021.
Can GPA be converted to sale deed?
In various judgments, the Supreme Court of India clarified that a GPA-holder could not execute a deed of sale or transfer ownership using their GPA. These transactions will be deemed invalid and unenforceable. Direct property transactions between the parties are recommended.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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