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Suresh M   06 December 2023

Does irrevocable gpa should reflect in encumbrance certificate

An irrevocable General Power Attorney made in sub registrar office during last month middle. The EC has taken from 2004 to till date. But it doesn't show any transaction about this irrevocable GPA in the latest EC.My question is that does irrevocable GPA should also reflect in the latest EC?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

EC will reflect the transaction pertaining to the property in question alone.

The registered power of attorney deed will not reflect in the EC if there is no transaction pertaining to the property was done.

Suresh M   07 December 2023

Thanks for the reply.

Yes, there was a transaction made during Irrevocable GPA registration. But it is done under BOOK 4 registration. So book4 registration will not come in Encumbrance certificate?. If yes, why it is so? 

 

 

 

 

 

Dr. J C Vashista (Advocate and Legal Consultant)     07 December 2023

Whether revokable or irrevokable (registered or unregistered) GPA do not form any encumbrace on the property.

What transaction has been made by the attorney on the strength of GPA ?

Suresh M   07 December 2023

irrevocable GPA holder had given money transaction for the land during this registration in Sub Registrar office. 


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