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How to purchase a flat with GPA in Delhi.
05-Aug-2023 (In Property Law)
If flat seller has GPA property and want to sell. If i bought that property on basis of GPA.
Can I get register that property?
Please suggest!
Regards,
Dear Client
That is correct. A general power of attorney (GPA) is not a valid instrument for the sale of property in Delhi. The Transfer of Property Act of 1882 states that the transfer of an immovable property can only be done through a registered sale deed. A GPA is not a registered document, and therefore it does not transfer the ownership of the property to the buyer.
In 2011, the Supreme Court of India ruled that the sale of property through GPA is not valid. The court held that a GPA is only an agency created in favor of the recipient, also known as the grantee, on behalf of the grantor. The court further held that even an irrevocable GPA does not have the effect of transferring title to the recipient.
Therefore, if you are buying a property in Delhi, it is important to make sure that the sale is being done through a registered sale deed. If the seller is trying to sell you the property through a GPA, you should be wary of the transaction.
Feel free to get in touch to discuss further.
That is correct. A general power of attorney (GPA) is not a valid instrument for the sale of property in Delhi. The Transfer of Property Act of 1882 states that the transfer of an immovable property can only be done through a registered sale deed. A GPA is not a registered document, and therefore it does not transfer the ownership of the property to the buyer.
In 2011, the Supreme Court of India ruled that the sale of property through GPA is not valid. The court held that a GPA is only an agency created in favor of the recipient, also known as the grantee, on behalf of the grantor. The court further held that even an irrevocable GPA does not have the effect of transferring title to the recipient.
Therefore, if you are buying a property in Delhi, it is important to make sure that the sale is being done through a registered sale deed. If the seller is trying to sell you the property through a GPA, you should be wary of the transaction.
Feel free to get in touch to discuss further.
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
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GPA is vast concept and GPA sales are common in delhi ! However registration of GPA are not happening in many parts of Delhi at the moment !
You need to hire expert advocate to check the chain of property n get right document drafted via an expert advocate !
Plz b in touch
You need to hire expert advocate to check the chain of property n get right document drafted via an expert advocate !
Plz b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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No don't buy a property with GPA. It will not be a valid sale transaction as per the 2011 Supreme Court judgment in Suraj Lamp Case the transaction through GPA would not be a valid transaction. Do contact a lawyer and get the title documents verified
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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