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Can GPA holder transfer property without permission of actual owner
20-Jul-2023 (In Property Law)
My father purchased the site from a person AA in 1995 by GPA.GPA is registered and gives right for my father to sell and enjoy as wanted by my father.Till today, my father has not registered the property on his name nor sold .There was no objection from the person who gave the GPA till today. But now, my father is planning to sell for which i suggested him to first register the property .Now the questions is can my father register the property on my name, with out the presence of the person who gave the GPA to my father?The GPA person is alive today.Wedontwanttocallhim as he may ask money.
A recent supreme court verdict is quite significant, in disallowing “General Power Of Attorney” (GPA) as a legitimate way to transfer property title
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
That GPAs are not valid transfers of ownership. Only registered sale deeds are.
But it’s not with retrospective effect; existing properties that have been purchased from a GPA holder (before October 11, 2011) won’t be affected. Even those who hold a GPA today can “regularize” it by converting it into a sale deed, but they can no longer sell it to a third party.
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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