Table of Contents

What is a General Power of Attorney (GPA)?What the Law Says: Can a GPA Holder Sell Property?The Supreme Court's Stand on GPA Property Sales When is a Sale by a GPA Holder Legally Valid?The Risks for Buyers in an Improper GPA Transaction Documents Required for a Secure GPA-Based Sale GPA Sales and NRI Owners Recommended Reads for GPA-Based Property Sale in India How NoBroker Can Help?Frequently Asked Questions

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Home Blog Property Selling Tips & Guides Can GPA Holder Sell Property in India

Can a Registered GPA Holder Sell the Property in India 2025

Published : July 6, 2025, 1:49 PM

Updated : July 6, 2025, 1:49 PM

Author : kruthi

Property Selling Tips & Guides

property selling

7392 views

Table of Contents

In the Indian property market, the question, ‘Can a registered GPA holder sell the property?’ often arises out of necessity. The answer is yes, a person with a registered General Power of Attorney (GPA) can legally facilitate a sale, but this power is not unlimited. They act strictly as a representative, not the owner. The validity of such a sale hinges on the explicit authorisation in the GPA document and the compulsory execution of a registered sale deed. This guide explains the critical legal boundaries you must respect.

What is a General Power of Attorney (GPA)?

A General Power of Attorney is a formal legal document where an individual (the "Principal") grants another person (the "Agent" or "Attorney-in-fact") the authority to manage their affairs. This is an instrument of trust, empowering the agent to make significant decisions on the principal's behalf. The scope of this authority can be broad, covering financial, legal, and property-related matters.

This arrangement is particularly useful for property owners who are unable to manage a sale personally due to various reasons:

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Non-Resident Indians (NRIs): For NRIs, a power of attorney to sell property is a practical necessity to handle transactions from abroad.
Senior Citizens: Elderly individuals may find the process physically taxing and may delegate the task to a trusted relative.
Geographical Distance: Owners living in a different city or state often rely on a GPA holder to avoid frequent travel.

However, this delegation of power leads to the crucial legal examination of the GPA holder's property sale legality.

What the Law Says: Can a GPA Holder Sell Property?

Indian law is evident on this subject. An agent with a GPA can legally sell a property, but only if the document explicitly contains a clause authorising them. The GPA holder cannot act as the owner; they merely enter the owner's shoes to complete the transaction. The GPA holder must execute the final sale deed on behalf of the principal, and the ownership transfer is from the principal to the buyer. A legally sound sale requires a registered GPA and a registered sale deed.

The Supreme Court's Stand on GPA Property Sales

The Supreme Court judgement on GPA sale in the 2011 case of Suraj Lamp & Industries Pvt. Ltd. vs. State of Haryana was a watershed moment. The Court ruled that a GPA is not a valid instrument for transferring property titles. This decision was made to curb widespread misuse where property was being "sold" via GPA to evade stamp duty and registration fees, fuelling unaccounted money transactions. The judgment reinforced that legal ownership can only be transferred through a registered conveyance deed.

When is a Sale by a GPA Holder Legally Valid?

The legal standing of a sale by a GPA holder depends entirely on how the transaction is structured. Understanding these conditions is key to ensuring compliance.

Condition	Legality
GPA has clear authority to sell	This is perfectly valid, but only if the agent executes a registered sale deed in the name of the actual owner.
GPA is also the buyer (self-dealing)	The question of the power of an attorney to sell property to himself is fraught with legal risk. This is a conflict of interest and can be legally challenged as a breach of the agent's duty to act in the principal's best interest.
Sale executed solely on GPA basis	After the 2011 Supreme Court ruling, this is an invalid method for transferring property ownership.

The Risks for Buyers in an Improper GPA Transaction

A buyer who purchases property through a legally flawed GPA transaction exposes themselves to significant risks:

Defective Title: The buyer will not acquire a clear and marketable title to the property. The original owner could challenge the transaction at any time.
Difficulty in Securing Loans: Financial institutions and banks will not grant housing loans against a property that lacks a clear title history, which includes a registered sale deed.
Problems with Resale: Selling the property in the future will be nearly impossible, as the next potential buyer will face the same title issues.
Legal Disputes: The buyer could get entangled in lengthy and expensive legal battles to prove their ownership.

Therefore, a buyer must always insist on a registered sale deed, even when a GPA holder represents the seller.

Documents Required for a Secure GPA-Based Sale

A secure and transparent sale requires a comprehensive set of documents. Insisting on this paperwork protects both the buyer and the seller.

Key documents include:

The original registered GPA, specifically authorising the sale.
Proof of identity and address for the property owner and the GPA holder.
The original title documents of the property (parent deeds).
A formal Sale Agreement.
An Encumbrance Certificate, which confirms the property is free of legal claims or loans.
The latest property tax receipts.
Building approval plans and an Occupancy Certificate, if relevant.

GPA Sales and NRI Owners

For NRIs, a GPA is a vital tool. However, to ensure it is valid in India, the GPA document must be attested by an officer at the Indian Embassy or Consulate in the NRI's country of residence. This attestation confirms the identity of the person signing the GPA, making the document legally acceptable for property transactions in India. This allows them to manage the sale without being physically present.

How NoBroker Can Help?

The legalities surrounding property sale through a power of attorney can be complex. NoBroker offers expert legal services to help you navigate this process safely. Our professionals can assist in drafting legally robust GPAs and sale deeds, conduct due diligence, and ensure that your transaction complies with all regulations, thereby protecting your valuable investment.

Frequently Asked Questions

Q: Can a registered GPA holder sell property in India?

Ans: Yes, if the GPA document explicitly grants the power of sale and the transaction is legally completed with a registered sale deed transferring title from the owner to the buyer.

Q: Is GPA valid for property sale after 2011?

Ans: A GPA is valid as an authorisation document. However, it is not valid as a document for transferring property ownership. For that, a registered sale deed is mandatory since the 2011 Supreme Court ruling.

Q: What are the rights of a GPA holder?

Ans: A GPA holder's rights are strictly confined to the powers granted in the GPA deed. They can represent the owner and sign documents but cannot claim any ownership rights over the property.

Q: What if the GPA is not registered?

Ans: An unregistered GPA has very low evidentiary value in court, especially for an immovable property transaction. It is highly advisable to register a GPA to ensure its legal sanctity.

Q: Can an NRI give GPA for selling property?

Ans: Yes, an NRI can authorise someone in India through a GPA to sell property. The GPA must be properly attested by the Indian Embassy or Consulate in the NRI's country of residence.

Q: Is GPA sale valid in Delhi/Mumbai?

Ans: A sale based only on a GPA is invalid for title transfer in all parts of India, including major cities like Delhi and Mumbai. A registered sale deed is essential to establish legal ownership.

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kruthi,Author

Kruthi is a Chartered Accountant has worked for various Real Estate firms across India, she is well versed with the legal and financial aspects of all real estate transactions. There are numerous documents and plenty of hidden fees that people get lost in, her goal is to shed some light on it all.

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