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NRV   26 September 2021

Gpa only for court matters

One of my friend want to file court case regarding property issue with neighbors, but he is not living here, so can he appoint agent only for court matters?  fear is he/agent may sold the property with that GPA, is it possible with that GPA??



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 1 Replies

Kevin Moses Paul   27 September 2021

As per the situation that you've illustrated above it's clear that you're concerned whether the GPA may ditch you and sell your property without your consent. However, let me inform you that the answer to your query is simple "No he couldn't do so".

This is because as per the law even if the GPA (i.e. General Power of Attorney) is registered with the sub-registrar's office, the GPA holder isn't authorised to sell the property on the owner's behalf. Moreover, the latest judgement by the Supreme Court of India categorically invalidates the sale of a property through GPA. A GPA holder only has the authority to carry out tasks assigned by the owner, excluding the selling of property.

Back in the year 2011 the Supreme Court of India held that - "The GPA is not an instrument of transfer when it comes to right, title and interest in an immovable property".

Henceforth, you can assure you're friend that there is nothing to fear about any such issues as there's nothing to worry about the matter that the GPA migh cheat with him by selling the property without his consent, as the Apex court of the country already held that a GPA can not execute a sale deed.

Hope It Clears Your Doubts!


Regards,
Kevin M. Paul

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