Sale and registration of property
Querist :
Anonymous
(Querist) 28 December 2011
This query is : Resolved
My brother-in-law has a residential property in Bangalore and wants to dispose it off. Though he has given me the GPA to sell the property, I am not able to do so now as the Supreme Court of India has now given a ruling that the GPAs should not be considered as a legal document for registration of properties from now on. That means the legal owner has to be physically present to complete the transaction at the time of Registration.
As my b-in-l is in the USA he is not able to be physically present. Is there any method by which I, on behalf of him, sell the property and legally register in the name of the buyer ?
I understand that a GPA endorsed by the Indian High Commission in the USA can be used as a legal document. Is it correct ?
Kindly advice as many such people are outside the country who may be in the same situation.
prabhakar singh
(Expert) 28 December 2011
If your GPA is registered in your favor while your b-in-l was in India and has not been revoked and confers upon you a right to sale his property,then the supreme court ruling is not a hindrance in your way to act as his POA.YOU CAN SALE ON HIS BEHALF.
A V Vishal
(Expert) 28 December 2011
The Supreme Court judgement is mis-interpreted, the court has opined that in the following cases the GPA can not be treated as a sale viz.
(a) An Agreement of sale by the vendor in favour of the purchaser confirming the terms of sale, delivery of possession and payment of full consideration and undertaking to execute any document as and when required in future.
Or
An agreement of sale agreeing to sell the property, with a separate affidavit confirming receipt of full price and delivery of possession and undertaking to execute sale deed whenever required.
(b) An Irrevocable General Power of Attorney by the vendor in favour of the purchaser or his nominee authorizing him to manage, deal with and dispose of the property without reference to the vendor.
Or
A General Power of Attorney by the vendor in favour of the purchaser or his nominee authorizing the attorney holder to sell or transfer the property and a Special Power of Attorney to manage the property.
(c) A will bequeathing the property to the purchaser (as a safeguard against the consequences of death of the vendor before transfer is effected).
However, in your case since you are representing your BIL and will execute a valid Sale Deed you can go ahead and register the property to the prospective buyer.
Dayananda Gowda
(Expert) 28 December 2011
Get the GPA for only limited purpose of presenting the sale deed for registration. It is not barred by any law. The Indian Registration Act, section 35 or 37 is speaks about the same.
Querist :
Anonymous
(Querist) 29 December 2011
The GPA that is given to me is 5 years old and is not registered and is not revoked. Is it necessary that I get a fresh GPA made which can be used for Selling the property and Registered by me on his behalf ?
Shailesh Kr. Shah
(Expert) 01 January 2012
GPA Must be registered. your understanding is right that "I understand that a GPA endorsed by the Indian High Commission in the USA can be used as a legal document"
thereafter proceed as per section 18 of the Indian Stamp Act.
