GPA between 2 co-owners

Sudhin2218 (Querist) 24 August 2010 This query is : Resolved
My father passed away in 1991, My mother was a co-owner and my grandmother was also a co-owner of one of the joint property. In the year 1994, my grandmother did general power of attorney in favor of my mother and released her co-ownership rights to my mother (my mother already having half rights on this property), so my mother became the sole owner of this property. The contents of this GPA also says that my grandmother is releasing her co-ownership rights to my mother, so my question is Can this GPA treat as a release deed? The reason why I’m asking is, now we produced this GPA to one of our CIVIL COURT CASE in karnataka, since this GPA was not registered, Court is asking us to pay the stamp duty for the GPA, if this GPA can treat as release deed, there will be a concession on stamp duty as per the Article 45(b) of the Karnataka Stamp Act, 1957.

At present, release of immovable property at a concessional stamp duty,can be made by any person to his/her family members which includes husband, wife, son, father, mother, brother, sister, "wife of predeceased son" and children of predeceased son or predeceased daughter.

Please get back to me, In case, If you have hard time to understand my above question,

I really appreciate for your help!!

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s.subramanian (Expert) 24 August 2010
A GPA cannot be equated to a deed of Release.
Your mother has to take a specific release deed from your grand mother. On the basis of the GPA your mother cannot claim to have become the sole owner of the said property. Even by registration the GPA cannot be converted into a deed of conveyance as per law. At best your mother can convey the property to some other person on the basis of the GPA as the agent of her mother.