Gpa from son in law
subash sanan
(Querist) 07 March 2012
This query is : Resolved
My daughter and son in law are in Ireland and have taken Irish Passport.I have a GPA from both of them from 2003.I am handling there bank accounts and properties.I am selling a property standing on there name.Sub registrar refused to accept my GPA. He told me that there is a judgment by the supreme court recently and hence I cannot sell the property owned by s/law.Property already sold pending registration.Please advice,what is this judgment of supreme court and how do I proceed further.
Regards to all.
Subash (Bangalore)
A V Vishal
(Expert) 07 March 2012
Is the GPA registered?
subash sanan
(Querist) 07 March 2012
No sir Gpa is not registered.
ajay sethi
(Expert) 07 March 2012
mr vishal has raised a pertinent question . is your POA registered or not . . if it is registered you can sell the property as the power of attorney has been given by a family member
Adv.R.P.Chugh
(Expert) 07 March 2012
Dear Querist.
The action of Sub-Registrar is wrong, misconceived & is fundamentally flawed when he denies the registration - you can approach the Registrar concerned under Section 72 of the Registration Act, 1908.
The judgment that he is talking about is SURAJ LAMP & INDUSTRIES PVT. LTD.
VERSUS
STATE OF HARYANA & ANR.(2011 SC)
wherein the supreme court outlawed GPA as means of selling the property - this was done because people were resorting to GPA/Agreement to Sell etc. instead of proper Sale Deeds to sell properties and thereby saving up on stamp duty. However the Court did not, neither expressly nor impliedly purported to affect bona fide transactions like these - where one person authorises another to deal with property or execute sale deeds on his behalf.
I am citing the relevant para from the judgment that supports your case.
The Court held "19. We make it clear that our observations are not intended to in any way affect the validity of
sale agreements and powers of attorney executed in genuine transactions. For example, a person
may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage
his affairs or to execute a deed of conveyance..."
You would have been hit by the mischief of this judgment if your son-in-law or daughter purported to sell YOU the property via GPA but you are merely acting as a conduit - which is perfectly legitimate practise.
That pretty much sums up your case.
Feel free to Talk !
Bharat
ajay sethi
(Expert) 07 March 2012
if GPA is not registered you cnanot sell the property . registration of power of attorney is necessary for selling property
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 March 2012
The recent citation of SC has allowed POA transaction as stated below-
We make it clear that our observations are not intended to in any way affect the validity of
sale agreements and powers of attorney executed in genuine transactions. For example, a person
may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage
his affairs or to execute a deed of conveyance..."
BUT EVEN FOR SUCH TRANSACTIONS REGISTRATION OF POA DOCUMENT IS ESSENTIAL, YOU CAN NOT BY PASS PROVISIONS OF REGISTRATION ACT .
subash sanan
(Querist) 07 March 2012
Sir,
Thanks for your reply,how do iget it registered ? Do i need my children to be in India to get GPA registered ? How it will cost in Bangalore.
Regards,
Subash Sanan
ajay sethi
(Expert) 07 March 2012
contact a local lawyer in bangalore . power of attorney has to be signed in front of indian consulate in ireland aand then submitted for regsitration in bangalore by you
Raj Kumar Makkad
(Expert) 07 March 2012
You obtain the fresh GPA duly authenticated by Indian consulate of Ireland and which is required to be registered in India and only then you shall be able to peform the entire sale transaction registered,
A V Vishal
(Expert) 07 March 2012
MR CHUGH & JSDN, HAVE A RE-LOOK AT THE QUERY, BASICALLY GPA WITH A SALE CLAUSE IS A COMPULSORILY REGISTRABLE DOCUMENT...REST I WILL EXPLAIN LATER AFTER YOU HAVE UNDERSTOOD THE ESSENCE OF THE QUERY.
A V Vishal
(Expert) 07 March 2012
MR QUERESHI,
WOULD YOU MIND IF I ASKED WITH WHICH EXPERTS VIEWS YOU ARE AGREEING.
