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I purchased a flat in 2021 from Y, Y purchased the flat in 2015 from X. Now X is reaching me saying
14-Jul-2023 (In Property Law)
I purchased a flat in 2021 from Y, Y purchased the flat in 2015 from X. Now X is reaching me saying GPA number is wrong in sale deed, please do correction asking to submit form 32a. As I'm the second owner of the flat should I do that correction. That GPA number is not showing in my sale deed document. Please advice
refer this judgement GHANSHYAM Vs YOGENDRA RATHI in that Supreme Court says that General Power of Attorney cannot confer title in Immovable property.
General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property - the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless.
an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Therefore, it does not confer any absolute title over the Property. However, the factors such as entering into an Agreement to Sell, payment of entire sale consideration and being put in possession by the transferor, shows that the de-facto possessory rights based on the part performance of the Agreement to Sell. The possessory right is not liable to be disturbed by the transferer and the transferer’s entry into the Suit Property subsequently was as a licencee and not as the owner of Property.
General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property - the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless.
an Agreement to Sell is neither a document of title nor a deed of transfer of property by sale. Therefore, it does not confer any absolute title over the Property. However, the factors such as entering into an Agreement to Sell, payment of entire sale consideration and being put in possession by the transferor, shows that the de-facto possessory rights based on the part performance of the Agreement to Sell. The possessory right is not liable to be disturbed by the transferer and the transferer’s entry into the Suit Property subsequently was as a licencee and not as the owner of Property.
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Adv. Dornadula Penchala Praneeth Reddy
Nellore | 25+ Answers
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Can a registered GPA be revoked?
The Principal or the Agent can unilaterally or mutually revoke or cancel a registered GPA by signing a Deed of Cancellation or Revocation.
How long is a GPA valid for?
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.
How long is a power of attorney valid for?
Normaly, a general power of attorney will last until the principal dies. If required, a general power of attorney may be given a specific duration. Duration can be one year. 09-Nov-2023
Is GPA valid for notary?
A notarized GPA does not suffice for the purposes of dealing or transferring immovable properties in India; only a GPA that has been registered will be valid. 15-May-2017
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