AGPA(agreement of sale cum general power of attorney) to sale deed
06-Oct-2023 (In Documentation Law)
A Sale Agreement cum General Power of Attorney (GPA) is generally not considered to be a valid mode of transferring ownership of immovable property. A GPA is a legal document that grants a person the power to act on behalf of the property owner for specific purposes, such as executing documents, registering the property, or selling the property. However, it does not convey any ownership or title to the property.
The Supreme Court of India, in the case of Suraj Lamp & Industries Pvt Ltd v. State of Haryana and Another, has held that transactions involving the sale of immovable property through a GPA are not legally enforceable, and do not convey any title to the property. Therefore, any sale of immovable property based on a GPA is not considered to be legally valid and may be challenged in a court of law.
However, if the Sale Agreement cum GPA is registered and executed in compliance with the law, it may be valid for a limited purpose, such as authorizing the person to act on behalf of the owner for specific purposes. In such cases, the validity of the Sale Agreement cum GPA would depend on the specific facts and circumstances of the case, and compliance with relevant legal provisions.
It is recommended to hire a property/documentation lawyer since without going through all the documents and understanding the facts of the matter in detail, it is not possible to advise correctly.
What is the difference between GPA and Agpa?
What is Agpa with possession?
What is the full form of AGPA in court?
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