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Ramya   20 February 2021

About unregistered

About unregistered GPA valid or not


Quick Summary
This discussion clarifies the validity of unregistered General Power of Attorney (GPA) for property transactions. It highlights that for selling immovable property, a registered GPA is essential. While an unregistered will can be probated to establish title, especially with multiple heirs, unregistered GPAs are generally not considered valid for property sales. Notary-attested powers may suffice for other purposes, but registration is key for property dealings.

 5 Replies

175B083 Mahesh P S   21 February 2021

Hello,

If the original owner is alive then the owner herself/himself can execute a registered sale deed, but if the original owner is no more and had executed a will (unregistered) then the beneficiary can get probate of the will to claim his title especially if there are more than one legal heir or successor in interest. The NOC by other legal heirs may not be valid especially when they claim any share in the property at any future stage. Unregistered GPA to sell the immovable property is not valid.

For a property to be transacted with through a GPA at this stage, the said deed is to be a registered document.

Thank you

Kishor Mehta (CEO)     21 February 2021

Unregistered and/or unadjudicated GPA are not valid. 

P. Venu (Advocate)     21 February 2021

What are the facts? What is the context?

Dr J C Vashista (Advocate)     22 February 2021

If there is specific purpose / requirement then GPA may be registered otherwise notary attested power is valid for any other purpose.

Sankaranarayanan (Advocate)     29 April 2021

state the facts as pointed by the experts


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