Buying Property through General Power of Attorney - GPA

हिंदी में पढ़ें
June 23, 2019
By Advocate Chikirsha Mohanty



A legal document giving one person (called an "agent" or "attorney-in-fact") the power to act for another person (the principal) is called a Power of Attorney. The agent can have broad legal authority or limited authority to make legal decisions about the principal's property and finance. The power of attorney is frequently used in the event of a principal's illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions.

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“When someone transfers any immovable property through GPA, it does not convey any rights or title or create any interest in respect of such immovable property in favor of such person as only a deed of conveyance/sale deed which is duly stamped under the provisions of the Stamp Act applicable to the state in which such property is situated, as well as registered under the provisions of the Registration Act, does so”, this was stated by the Honorable Court in one of their ruling.

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Validity and Scope of General Power of Attorney

In cases where a sale deed cannot be carried out due to various issues for buyers and sellers, a power of attorney can be put to great use.

A GPA is defined as “a mere agency whereby the grantor authorizes the grantee to do certain acts specified therein; this he does on behalf of grantor, which when executed will be binding on the grantor as if done by him”.

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GPA is Not Irrevocable

Immovable property can legally and lawfully be transferred or conveyed only by a registered deed of conveyance and not through GPA. By the means of a registered sale deed the ownership transfers directly to the purchaser. In case of a General Power of Attorney, if principal dies then automatically the general power of attorney ceases and ownership goes to the legal heirs of the principal. The law is that even if the parties have determined that the GPA is irrevocable it won’t have the effect of transferring title to the grantee.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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User Reviews


4.6 - 23 reviews
S
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how to register a POA?

Saravanan on Nov 01, 2019
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how to cancel a general power of attorney?

Harsha on Nov 30, 2019
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nice article. Please also tell about registration of property.

Swati on Oct 27, 2019
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what Is the procedure to assign someone to buy property on another's behalf?

Vishal on Oct 21, 2019
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is it necessary to register a poa?

Tanya on Oct 26, 2019
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it’s a very good article

Rajkumar on Dec 04, 2019
Y
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very well written

Yogesh on Oct 23, 2019
R
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Very helpful in understanding the law.

Roshan on Oct 22, 2019
R
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Nice one.

Reena on Nov 23, 2019
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Very nice article. English is very simple. Thank you for the information.

Dinesh on Nov 01, 2019
S
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thanks for the information

Shashank on Nov 27, 2019
D
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needed some more information on the subject.

Dinesh on Nov 05, 2019
P
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thanks for the information

Pratik on Oct 22, 2019
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I want to know more about this law. Good work

Amrita on Nov 30, 2019
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how to contact a lawyer from your website

Bharath on Nov 22, 2019
P
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Gave me a very clear idea of the subject.

Pradeep on Nov 28, 2019
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needed legal advice…who to call

Akhilesh on Oct 22, 2019
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Very informative and a good read as well.

Mani on Nov 03, 2019
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Very nice article.

Shravan on Nov 13, 2019
P
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very nice article

Praveen on Nov 24, 2019
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Very good article

Sumit on Oct 31, 2019
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good legal subject

Anuradha on Nov 28, 2019
D
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nicely written

Dhiraj on Nov 08, 2019

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