Buying Property through General Power of Attorney - GPA

December 03, 2018
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.

“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.
 

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”.
 

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.



 

Related Articles


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers in India

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
22 years Experience
Advocate Rajesh K.S
LH House, Bangalore
13 years Experience

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.

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Get free legal advice from top Property lawyers for your specific issue

Property Law Articles

Now file DDA complaints on Facebook and Twitter

How to get your property back?

Steps to get back your property from illegal possession

Homebuyers: Here is how RERA will protect you

Talk to a lawyer for your legal issue