GPA Not registerd

Querist : Anonymous (Querist) 28 March 2011 This query is : Resolved
Dear Sir,
Mrs.A(sister) was out of country & had given only notorised GPA to Mr.B(her brother) with out regitering the GPA to buy a property. In the Encumberence certificate it clearly says the property is in the name of Mrs.A. Now Both Mrs.A & Mr.B are in India.so is there any legal problem?can i buy this property?will i get a home loan if the GPA is not registred? kindly advice how should i go about it.
Thanks,

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Devajyoti Barman (Expert) 28 March 2011
A person needs registered POA to buy property on behalf of the principal. However if the attorney buys a property but not on the strength of a registered POA the sale does not become invalid. So the actual owner can deal with it in any manner he wishes including taking loan from a bank.

R.Ramachandran (Expert) 29 March 2011
When Mrs.A, in whose name the property is, also available in India, why can't she sign the sale deed instead of through a GPA (her brother) and that too unregistered?
Better ask Mrs. A to execute the sale deed directly, or through a registered GPA.

Sri Vijayan.A (Expert) 29 March 2011
If A is in the local area ask her to execute the sale deed and get it registered.
If she is out of station, but in India, ask her to execute a fresh GPA and get it registered in any sub registrar's office nearer to the place where she is living.

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