Land sale registeration in absence of registered GPOA Agent
2 years ago
registered a GPOA, without consideration, for my land sale, but my friend (GPOA Agent) has gone abroad after keeping GPOA original in his bank locker.He will return to India next year.
I now have buyer for my land.
As i am the land owner & GPOA Principal, can i sign the sale documents and register this sale?
But Sub Registrar is insisting that I should bring & show the original GPOA, & then cancel it, only after that he will allow me to execute & register the sale. Is he correct to demand this ?
Using a General Power of Attorney to purchase a property is a common technique of transacting in Indian real estate. Transferring property through GPA is, however, unlawful, according to a Supreme Court of India judgement issued in 2011. You may have “purchased” the property, but until you acquire a documented sale deed, you will not be recognised as the legal owner of the land. Without the selling document, you will not be able to sell the property. Furthermore, banks will not support projects that have a GPA.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Purchasing a property with the use of a General Power of Attorney is a popular method of transacting in Indian real estate. However, according to a Supreme Court of India ruling given in 2011, transferring property through GPA is illegal. You may have “purchased” the property, but you will not be recognised the legal owner of the land unless you obtain a recorded sale deed. You will not be allowed to sell the property without the sale document. Furthermore, banks have a policy of not funding projects with a GPA.
thank you.
Lucem Leg
Responded 2 years ago
A.Dear Sir/Madam,
You can ask the concerned person to whom you have executed the GPA to give the consent letter to you. He can send it through email/fax/WhatsApp or any other online mode. After obtaining the consent letter, you can go to the Sub- Registrar can give the copy of it to cancel the said GPA.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
You have also the legal right to revoke that GPOA in registered manner even in absence of that constituted Attorney and immediately thereafter to give notice of such Revocation to him signifying that on and from that date,he is no longer your Constituted Attorney and you have also to publish a Public Notice in this regard in a leading newspaper of your place after such Revocation of GPOA.
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