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Rohit Shekhawat   02 March 2023

Can i gift my property to someone and get loan from bank? (only gpa on my name, no registery)

I have purchased a land piece through local property dealer. I have the GPA of the property, but my property is not registered.
Now, I want to get loan on my property.
Can I gift my property to some and get a gift deed, in order to get loan?

Will any bank approve my loan under such conditions?



Quick Summary
This discussion explores the possibility of gifting a property and obtaining a bank loan when you only hold a General Power of Attorney (GPA) and the property isn't registered in your name. The consensus is that a GPA alone does not grant you title or the right to transfer ownership or secure a loan. Courts have ruled GPA sales invalid for property transfer, and you'll likely need to file a declaratory suit to establish legal title before you can gift or mortgage the property.

 3 Replies

Advocate Bhartesh goyal (advocate)     03 March 2023

No, you have not title of property  so neither you can gift the property nor get loan from bank.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 March 2023

The High Courts and Supreme Court in numerous occasions have stated that sale on the basis of GPA in not valid. The Supreme Court in Suraj Lamp Case, in 2011 had once again categorically stated that the GPA is not an instrument of transfer when it comes to right, title and interest in an immovable property.

Shashi Dhara   03 March 2023

File declaratory suit and obtain title over it and then get loan .


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