What is GPA in India for property?

Asked by: Yvette Christiansen DVM  |  Last update: February 19, 2022
Score: 4.1/5 (22 votes)

A General Power of Attorney (“GPA”) is a document through which one person (“Principal”) appoints another person (“GPA Holder”) to do all acts specified therein, for and on behalf of the Principal.

Can GPA holder sell property in India?

Can a registered GPA holder sell a property? No. Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on the owner's behalf. Even the latest judgement by the Supreme Court of India categorically invalidates the sale of a property through GPA.

What is property GPA?

If you are wondering what is GPA full form in property then let me tell you, GPA property meaning is General Power of Attorney for property. A general power of attorney is an authoritative document that is signed by an individual (principal) with an intention to give powers to the executor (agent).

How do I get a property GPA?

To draft a GPA for Property, one has to follow these steps:
  1. Draft the General Power of Attorney deed after you select the person to whom you want to give the powers.
  2. Print it on a Stamp paper of due value depending on the State you reside in or where the property is located since it involves immovable property.

What is GPA in transfer of property?

of the sale price of the property, and second, through execution of a general power of attorney (GPA), agreement to sell and will by the seller in favour of the buyer, which attracts a significantly lesser stamp duty.

Property on GPA (General Power of Attorney) - Is it safe? (Hindi)

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How do I find my property GPA?

The GPA should be a registered one and it should be valid as on the date of registration of the property. To check the validity of GPA get a certified copy from the concerned Sub-Registrar's Office and to check its authenticity.

Can I sell property with power of attorney in India?

Is property sale through power of attorney legal? In 2011, the Supreme Court ruled that property sale through power of attorney (PoA) is illegal and only registered sale deeds provide any legal holding to property transactions.

What are the powers of GPA?

If you grant someone a GPA, they can pay your utility bills, collect rent on your behalf, manage and settle disputes, carry out all bank-related work acting as your representative,” says Yadav. “Through an SPA, the principal grants specific powers on the attorney.

How do I register my property with GPA?

The GPA Holder has to visit the sub-registrar office with the GPA for registration. The executed GPA has to be presented to the Sub-registrar along with original documents along with copies showing proof of residence and proof of identity of the GPA Holder.

How can I take GPA in India?

How To Make A General Power Of Attorney By NRI
  1. Draft the Power of Attorney deed online or hire a lawyer in India to draft it for you.
  2. Get the deed attested by the Indian embassy or consulate in that country. ...
  3. The person making the deed, the Grantor, should sign the deed in all pages.

How can I cancel my GPA in India?

A general power of attorney can cancelled by way of publication in the paper or sending the notice to the power of attorney holder. If the deed is registered, then it can revoked or cancelled by way of deed of revocation or cancellation.

What is difference between GPA and registry?

A GPA holder has right to sale on behalf of person who has Give him authority to sale on his behalf. ... Registerd Sale deed of a property is the correct document to get ownership of property.

Is GPA valid after death?

Is the GPA legally valid? Legally speaking the GPA Deed becomes infructuous immediately after the death of the Principal hence the power agent loses all his power after the death of his principal so any transaction carried out by the GPA agent after the demise of his principal shall be invalid in the eyes of law.

Can a GPA holder gift the property?

1. Yes a POA holder can gift the property to his wife or child. 2. tax liability and stamp duty will be calculated as your friend is transferring the property to your wife or son.

What is the difference between GPA and sale deed?

Sale deed is a registered document which gives all the details of the land, the owner of the land and the purchaser of the land. ... General power of Attorney(GPA) is a registered document made giving rights to a person to sell, mortgage or donate that property and the decision taken by him is acceptable to the owner.

Is power of attorney needed while buying property in India?

The Apex Court of India has clearly pronounced that sale of immovable property via General Power of Attorney is not valid as it does not convey any ownership right in respect of the purchased property in favor of the buyer.

Is GPA registration valid?

1) There is no validity period unless specified in GPA. 2) Valid till the death of the Principal or revocation. GPA holds good as long as the purpose mentioned for giving the authority is fulfilled provided it is a registered one. If no time is specified then regn done after ten years also is valid.

Can GPA holder transfer property in his own name?

I have known many people who worry about the fact and ask 'Can GPA holder register property in his own name? ' By law, there is no barring to this if the property transfer is done after following the authorized process within legal bindings.

Can a registered GPA be Cancelled?

If the said GPA was found to be registered, you shall have to register a cancellation deed for cancelling the said GPA. ... If it is an unregistered GPA, you can send a cancellation letter to him. If it is a registered GPA, then you shall have to register a cancellation deed to cancel the said registered GPA.

Can GPA be registered in Delhi?

The Revenue Department issued a circular allowing registration of all GPA-based property transactions in the city with immediate effect. As per the circular, property transaction through GPA will be considered "legal" but it will not be considered as transfers of title for mutation of property.

What is GPA for land?

Property sale through the common practice of issuing a general power of attorney (GPA) will not give ownership of the property title to the buyer. A deal done on the basis of a GPA will give you the possession of the property, but will not ensure that the title deed is in your name.

What are the rights of GPA holder?

sir, when GPA is irrevocable. If the property is self acquired property and such GPA is executed for performing on his/her behalf as per registration act and then the said GPA holder has executed the relinquish deed to some persons as per the recital of GPA, then such execution will become valid in law.

Can NRI sell property in India with GPA?

The said exchanges may likewise be utilized to acquire explicit execution or to protect ownership under Section-53 An of the Transfer of Property Act, 1882." Because of this Supreme Court order, various states across India disallowed the registration of properties that were sold through a GPA.

How long is the power of attorney valid in India?

These certificates are valid for 30 days. As per a recent order of the inspector general of registration, the new rules are applicable to all POAs registered from February 4. By law, POA is not valid once the principal dies.

What are the disadvantages of power of attorney?

  • Your loved one's competence at the time of writing the power of attorney might be questioned later.
  • Some financial institutions require that the document be written on special forms.
  • Some institutions may refuse to recognize a document after six months to one year.