Buying Property through General Power of Attorney - GPA

हिंदी में पढ़ें
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.



 

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.


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


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
16 years Experience

Related Articles


Get free legal advice from top Property lawyers for your specific issue

Property Law Articles


How to Calculate Stamp Duty for Gift Deed?

Gifting of Property in India

Now file DDA complaints on Facebook and Twitter

How to get your property back?

User Reviews


4.9 - 22 reviews

December 03, 2018 Buying Property through General Power of Attorney - GPA https://lawrato.com/assets/images/lawguide.png
LawRato
V
LawRatoLawRatoLawRatoLawRatoLawRato

what Is the procedure to assign someone to buy property on another's behalf?

Vinayak on May 21, 2019
D
LawRatoLawRatoLawRatoLawRatoLawRato

nice article. Please also tell about registration of property.

Dipak on Jun 05, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

how to cancel a general power of attorney?

Ashutosh on May 11, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

how to register a POA?

Aparna on May 18, 2019
P
LawRatoLawRatoLawRatoLawRatoLawRato

is it necessary to register a poa?

Parul on Jun 01, 2019
V
LawRatoLawRatoLawRatoLawRato

how to contact a lawyer?

Vinayak on May 28, 2019
V
LawRatoLawRatoLawRatoLawRatoLawRato

Written plainly to be understood by anyone who is from a non-legal background.

Vaibhav on Apr 30, 2019
R
LawRatoLawRatoLawRatoLawRatoLawRato

Nice piece on the subject.

Ravinder on Jun 03, 2019
A
LawRatoLawRatoLawRatoLawRato

more info needed on the law

Adarsh on May 23, 2019
M
LawRatoLawRatoLawRatoLawRato

it’s a very good article

Megha on May 09, 2019
S
LawRatoLawRatoLawRatoLawRatoLawRato

nice artcile

Sonali on Jun 04, 2019
R
LawRatoLawRatoLawRatoLawRato

Gave me a very clear idea of the subject.

Ramesh on Jun 02, 2019
N
LawRatoLawRatoLawRatoLawRato

thank you for the information

Nishita on May 05, 2019
S
LawRatoLawRatoLawRatoLawRato

Good work with the article.

Sourav on May 16, 2019
K
LawRatoLawRatoLawRatoLawRato

Good work with the article. Solved all my legal queries. Regards.

Komal on Jun 13, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

needed legal advice…who to call

Ankur on Jun 11, 2019
A
LawRatoLawRatoLawRatoLawRato

great content. Thanks.

Anu on May 02, 2019
P
LawRatoLawRatoLawRatoLawRatoLawRato

very good article. Good writing

Priti on Jun 03, 2019
A
LawRatoLawRatoLawRatoLawRatoLawRato

Detailed and informative.

Akansha on Jun 06, 2019
R
LawRatoLawRatoLawRatoLawRato

nice work with the article.

Rajat on Jun 03, 2019
V
LawRatoLawRatoLawRatoLawRatoLawRato

very well written

Vimal on Jun 03, 2019
V
LawRatoLawRatoLawRatoLawRato

It’s a very nice article.

Vikas on May 19, 2019

VIEW ALL