Power of attorney is an important document which holds the power to change the course of property title and ownership when executed. I have known many people who worry about the fact and ask ‘Can GPA holder register property in his own name?’By law, there is no barring to this if the property transfer is done after following the authorized process within legal bindings. In fact, it also depends on the clauses mentioned in the General power of attorney. Unless it is clearly stated that the executor cannot sell the property to himself, it is absolutely legal. However, if the power of attorney holder or executor, takes a wrong course and registers property in his own name without following the legal procedure, then it is a civil and criminal offence. If you suspect abuse of power of attorney may take place or has taken place, you can:
A General Power of Attorney (GPA) is a contract in which one person (Owner) assigns another person (GPA Holder) to act for and on behalf of the owner in all matters stated within it. The activities performed by the GPA holder in accordance with the GPA bind the owner as if they were performed by the owner himself. In India, a GPA is commonly used in the real estate market for all types of property transactions, including purchasing, selling, mortgaging, leasing, and so on.
Can a registered GPA holder sell the property?
No, the GPA holder cannot directly sell the property. A power of attorney is not a document of transfer in relation to any right, title, or ownership in immovable property, the Supreme Court of India stated in 2011. As a result, the Indian Supreme Court issued an order prohibiting municipal entities from altering or registering properties based on such documents. The Supreme Court, on the other hand, upheld the validity of lawful GPA transactions. Now you know can GPA holder sell the property.The term GPA stands for general power of attorney. You as a registered property owner (the person whose name is on the title to the property in government records, usually the Registrar's Office) can provide a GPA execution to his spouse, son, daughter, brother, sister, or any other relatives to handle the property. To become a legitimate legal document, the GPA document (or deed) must be registered with the Registrar's Office or another recognised entity.
Can a GPA holder execute sale deed?
No, the GPA holder cannot execute a sale deed without your consent. Nothing stops concerned parties from obtaining registered deeds of conveyance to confirm their ownership, the court said. Section 53 A of the Transfer of Property Act, 1882 can be utilised to gain specific performance or preserve possession. Many Indian states have made it unlawful to register property sold through a GPA as a result of the Supreme Court's judgement. Furthermore, the Supreme Court's major ruling has already helped to restrict the uncontrolled flow of black money in India's real estate sector, where property titles are commonly corrupted. The Delhi government did, however, allow registration in the names of spouses, sons, daughters, brothers, sisters, and any other related or apparent trust by a registered owner after the complete ban on such properties was announced in 2012.GPA full form in the property must be clear to you now.Draft the sale agreement with ease with NoBroker here.Opt for due diligence of property before making any decisions about it.Read More:Can GPA holder execute sale agreement within blood related family members?What is GPA in property?Can a GPA holder register property in his own name?
A general power of attorney (GPA) allows an assistant to carry out basic activities on the user's behalf. A GPA gives a person authority. If you give someone a GPA, they can act as your agent and handle things like paying your rent, managing and resolving issues and handling all bank-related tasks. It requires the registration GPA in order to be legally recognised. The executor has the right to revoke a GPA at any point throughout their lifespan. If they pass away, the GPA is no longer recognised legally.
Can a GPA holder execute another GPA?
No, it is prohibited by law. It is not possible for one person to simultaneously provide GPA to two distinct individuals for the exact same property. If you as a GPA holder have your GPA registered and certified, you may execute the sale deed. Only the registered owner has the authority to sign a GPA, which allows the holder to execute any type of transfer.This is all about GPA registration and its meaning.Read More:Can GPA holder execute sale deed?What is GPA in property?How to make power of attorney?
Power of Attorney is just a document that assigns an agent/caretaker/representative to look after the property in the absence of the owner. A GPA cannot register the property in his name. A GPA can sell the property if he is allowed to do so as agreed in the contract. GPA holder can sell propertyA GPA holder can sell the property if he has been given such right in the Power of Attorney.Can power of attorney holder sell property to himself?If the PoA allows the holder to sell the property, he can also sell it to himself but fore sale procedure must be followed and the transfer must be done through a registered sale deed.Need help with property documentation and verification? Contact legal experts onlineIf you are wondering what GPA registration means, don’t worry I have an answer to that as well. It means assigning a person to take several actions and decisions and take care of the property in the absence of the owner.Please note that when it comes to unregistered GPA validity. It is not legally valid so it must be registered in the Sub-Registrar’s Office.I hope you find this information useful.Read more:Is Power of Attorney valid after death?How to make Power of Attorney in India?Get your legal woes resolved by experts at NoBroker. Fill in your details to get a seamless property investment experience.
Oh this is an excellent question. I have come across this for the first time and I am glad you asked can GPA holder register property in his own name? A General Power of well, attorney (GPA) holder in India does not have the legal authority to register property in their own name.A GPA is a legal document that allows a person to act on behalf of another person to perform specific tasks or to make decisions.The authority of GPA holders is limited to acting on behalf of the principal and not taking ownership of the property in their own name.The Supreme Court of India has cleared through various judgments that a GPA holder cannot execute a sale deed or transfer ownership in their name using the GPA. Those transactions will be considered as invalid and unenforceable.Property transactions should be executed directly between the parties involved. They also need to comply with the legal requirements of property registration. It includes submitting the necessary documents and paying the applicable fees and taxes.Therefore, a GPA holder can not register property in his own name.Need legal help? Contact No Broker expertsRead moreWhat is the Difference Between a Notarized Agreement and a Registered Agreement in a House Rental Deal?Difference Between Registered Will and Unregistered Will
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Can GPA Holder Register Property in His Own Name?
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June 8, 2021
2021-06-08T12:00:56+00:00 2023-09-04T17:45:16+00:00Comment
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