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Is GPA through notary valid to buy a plot
30-May-2023 (In Property Law)
WE ARE BUYING OPEN PLOTS (PROPERTY) BECAUSE SELLER IS IN NEED OF MONEY CAN WE DO - AGREEMENT OF SALE CUM GPA THRU NOTARY IS IT VALID, OTHERWISE AGREEMENT OF SALE CUM GPA REGISTRATION IS COMPULSORY OR HAS TO GO SALE DEED REGISTRATION DIRECTLY, AS PROPERTY IS IN LITIGATION, TT WILL BE RESOLVED LATER BY ORIGINAL VENDOR REPLACING WITH OTHER PLOTS. THIS IS QUERY ONLY TO AVOID UNNECESSARY STAMP DUTY COSTS, TIME BEING N UNTIL THE RESOLVE AND DO SALE DEED REGISTRATION LATER.
general power of attorney without agreement having notary is valid as the agreement of sale without registration also vaild but it have its own defects and time of limitation and needed to be registered is possible
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48+
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Can a power of attorney holder sell the property?
The Supreme Court ruled that on April 22, 2022, those with a power-of-attorney of a particular property are not allowed to sell it without a specific provision within the document granting them this power. 20-Oct-2023
Can GPA be converted to sale deed?
In various judgments, the Supreme Court of India clarified that a GPA-holder could not execute a deed of sale or transfer ownership using their GPA. These transactions will be deemed invalid and unenforceable. Direct property transactions between the parties are recommended.
What are the powers of a GPA holder?
A General Power Of Attorney (GPA), is a document that allows a person to appoint another person, the GPA Holder, to perform all of the acts listed in it on behalf and for the Principal. The GPA holder's acts are as binding on the principal as if they were done by him.
Can a registered GPA holder sell the property to himself?
It is possible for the person who holds the power of attorney to sell their property to themselves. It can be done only by registered sale deeds and not through PoA. It should clear up any doubts you have about the recent supreme court judgment on power of attorneys 2021.
Agreement of sale cum GPA through notary is not valid as it is open to risk as the vendor can sell the plot on notary too many person. As you said it is already in litigation you are adding another to your name. Please go for agreement of sale cum GPA and register it. Stamp duty is not unnecessary it will provide you security.
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Adv. Syed Shakir Hussain
Hyderabad | 25+ Answers
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