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Shpk (Home)     28 September 2011

Gpa to poa not possible?

Hello everyone - 

I hold a GPA from my father which gives me the ability to execute a JV agreement and perform all necessary actions required for a JV agreement including giving a POA to the builder for his purposes (particularly stated in the GPA). This GPA was registered with the Sub-Registrar's Office just last month. Initially I was told by the builder, that it would be sufficient and I can sign but now he says I cannot sign on behalf of my father as a Power holder cannot give power to another person. Why is this? I am getting different views on this. Could someone clarify why this is a problem and would not be accepted? The builder needs a special POA to sell to future builders and perform the duties.

Please share your views? Thanks! 



Learning

 5 Replies

kumar t v s (advocate)     28 September 2011

Sri SHPK,

The GPA holder is a delegatee of the powers of his principal. The rule is a delegatee cannot further sub-delegate. Therefore generally a GPA cannot further execute a POA on behalf of the principal. It is however possible to further delegate if the original GPA document explicitly contains the clause of further delegation.

 

Verify your GPA document and if it permits further appointment of POA by the GPA,  you may execute the same.

1 Like

Shpk (Home)     28 September 2011

 

 

This is the clause that I find in the GPA:

To appoint any other person (s) as my attorney authorising him/ her/them to do all of any of the above acts, deed and /or things or any other act, deed and /or thing which in the opinion of my attorney (s) ought to done, executed or performed in respect of my said property or any rnatter incidental thereto, even if it has not been specifically mentioned herein above to cancel withdraw and/or revoke the powers confemed upon such attorney(s).

kumar t v s (advocate)     28 September 2011

Sri SHPK,

You may appoint a POA on behalf of your principal i.e. your father, subject to the condition that the POA cannot exercise any powers beyond the permit of your GPA.

Normally the Sub Registrar's avoid registration of POA by the GPA holder as it involves complicated questions with regard to transfer of property. There has to be a very genuine and overwhelming reason for you to execute a POA on behalf of your father to satisfy the registering authority.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 September 2011

Dear SHPK

You have fully authories to execute a POA if the Sub-regiatrar of your area avoid the registration then ask him about the laws related to POA

feel free to contact on my mob 9953809956

1 Like

Shpk (Home)     29 September 2011

Thanks everybody!  As I do not live in India, I am not fully aware of all the rules and the new GOs that are passed from time to time. Thanks Mr. Qureshi, I will keep your number handy. Are you in Chennai by any chance? 


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