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Are GPA in valued in Karnataka ?
21-Oct-2023 (In Property Law)
Since when notary G.P.A are invalued in karnataka
In Suraj Lamp and industries vs state of Haryana the Supreme Court of India has ordered that any GPA executed for sale of immovable property has to be registered. The said judgement was passed on 11.10.2011. So any such transactions after this date has to be registered. It has prospective effect not retrospective.
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Adv. Roopashree R. A.
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Is notarized power of attorney valid in India for property?
POA that is not notarised does not render it invalid. Execution of the POA must be proven when questioned. A power of attorney authenticated by a Notary Public will raise a legal presumption as to whether it was executed properly and if the person who executed the document had the authority (S.85 of Indian Evidence Act).
What is the validity of notarized General Power of Attorney?
The General Power of Attorney (GPA), which is valid until the death of the principal or the attorney, can be revoked at any time. GPAs can be valid for a specific period, such as 1 year, 5 years, or until the transaction or legal task that was performed.
Is there any validity for GPA?
Yes, GPA still matters. A. A POA/GPA will only be valid as long as either the principal or agent are alive.
Is unregistered and notarized GPA valid?
To be valid, a GPA must first be registered with the Sub-Registrar Office. The GPA does not have an indefinite validity period. The GPA is valid during the life of the principal and can be revoked at any time.
A. Delegation of Power through General Power of Attorney or Special Power of Attorney is valid process in India.
B. To Sell, Mortgage, Gift, Exchange or Create right or release the right that General Power of Attorney need to be registered under the Indian Registration Act, 1908. Hence, registration of GPA herein is compulsory. Notarized GPA in this case is not valid.
C. Property transfer through GPA is also not valid unless executed the Sale Deed. However, GPA execution within the family member to manage the property or to get the property transfer need not be registered. Notarized GPA is enough.
D. When a person created a interest over the property under the GPA that will not be cancelled even the GPA executor cancelled the same or demised the same.
B. To Sell, Mortgage, Gift, Exchange or Create right or release the right that General Power of Attorney need to be registered under the Indian Registration Act, 1908. Hence, registration of GPA herein is compulsory. Notarized GPA in this case is not valid.
C. Property transfer through GPA is also not valid unless executed the Sale Deed. However, GPA execution within the family member to manage the property or to get the property transfer need not be registered. Notarized GPA is enough.
D. When a person created a interest over the property under the GPA that will not be cancelled even the GPA executor cancelled the same or demised the same.
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