General power of attorney
Querist :
Anonymous
(Querist) 30 October 2023
This query is : Resolved
Sir,
My grandmother is too old and can't visit the property place, so she gave a GPA to her son and on that GPA it is clearly mentioned that GPA holder can take loan, repay loan, manage the property and sell the property. It is registered on 24-09-2021 in Karnataka state.
Could you please clarify on below concerns
1. Can GPA holder sell or transfer the property to his son or wife or external parties ?
2. Can GPA holder transfer/sell the property and get a signature from principal party later. or the GPA holder needs a signature before he register/transfer the property. Please provide right procedure to this
Thank you!
kavksatyanarayana
(Expert) 30 October 2023
Her son is authorized to sign/execute documents including sales. So he can sell or gift even to his wife or children and before any transaction he need not obtain his mother's signature. Before any transaction, if the GPA is cancelled then only it is invalid.
T. Kalaiselvan, Advocate
(Expert) 30 October 2023
1. Yes, he can very well sell the property to anyone including to himself also for a valid sale consideration amount.
2. The registrar concerned would be insisting on production of life certificate of the principal to permit the GPA to execute the registered sale deed in favor of the prospective buyer.
Advocate Bhartesh goyal
(Expert) 31 October 2023
Yes, GPA holder can sell the property to anyone and receive sale consideration on behalf of principal.
GPA holder need not to get signature of principal for the purpose of sell of property however Sub Registrar may insist for submission of life certificate of principal.
Querist :
Anonymous
(Querist) 31 October 2023
Sir, I heard that the Supreme Court of India in 2011 declared that “a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property
Please clarify on below point which is contrary to above one
To summarise, a power of attorney is not an instrument of transfer in regard to any right, title, or interest in immovable property; however, any genuine transaction carried out through a general power of attorney is considered valid under the law.
Delhi government did, however, proceed to allow registration in favour of spouses, sons, daughters, brothers, sisters, and any other relative or person of apparent trust by a registered owner.
How is the law in karnataka. Can registration be done with family members ?
Thank you!
T. Kalaiselvan, Advocate
(Expert) 03 November 2023
The POA deed is not a title document but that will not restrict the registered power agent to sell the property or transfer the same in favor of anyone on behalf of the principal.
This is a central law and Karnataka state is part of the union of India.
