Gpa
raghavendra
(Querist) 25 October 2011
This query is : Resolved
sir,
can anyybody upload the judgemnet of supremcourt about the legal sanctitiy of general power of attorney
ajay sethi
(Expert) 25 October 2011
In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.
A three-judge bench presided over by Justice R. V. Raveendran said that property can be lawfully transferred only through registered sale deeds.
"A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property," the bench said, after interpreting various provisions of the law concerning property sales. However, the bench said the judgment will not affect "genuine transactions" under the GPA.
The apex court said there can be no mutation of property in municipal and revenue records on the basis of such documentsThe court could not make the order applicable with prospective effect as it had not laid down any new law. However, it said that those who had already bought property through GPA before its judgment could use the documents to apply for regularisation of allotments and leases by development authorities.
"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under section 53A of TP (Transfer of Property) Act," the court said.
In order to ensure that GPA continues to serve its purpose, the court said its judgment will not 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."
The court further said that a person can enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings. In that connection he can execute an agreement of sale and grant a power of attorney that will allow the developer to further sell the property to prospective purchasers
Going into the legality of such transfers, the court said any contract of sale which was not a registered sale deed would fall short of the requirements of the relevant provisions of the Transfer of Property Act and could not confer any title.
The court said a transfer of property by way of sale could only be by a sale deed. "In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred," the bench said
Sailesh Kumar Shah
(Expert) 25 October 2011
did you mean which judgement? i attached herewith recent judgement, may be require by you.
raghavendra
(Querist) 25 October 2011
thank you,
sir two day before this judgement i puchased the land through GPA holder , but land is registered by GPA holder , will there be any problem in my title
prabhakar singh
(Expert) 26 October 2011
If you got a registered sale deed executed in your favor by a registered GPA of the real owner and that owner is alive , then every thing is okay.??
ajay sethi
(Expert) 26 October 2011
yes enter into registered sale deed with GPA
