Quick Answer: Can GPA Holder Register Property In His Own Name?

Can power of attorney transfer property to himself?

Attorneys transferring the principal’s home to themselves must be careful.

The Court found that even though the Power of Attorney gave the power and authority to make the transfer, in using that power, the son had breached his fiduciary obligations (as attorney) to his mother (as principal)..

Can you sell a parents house if you have power of attorney?

Depending on the type of authority given to you, you can sell a home. A power of attorney, or POA, is a legal document which can give the attorney-in-fact or agent broad authority to handle decisions for someone else, including selling real estate.

Is a power of attorney void after death?

A Lasting Power of Attorney only remains valid during the lifetime of the person who made it (called the ‘donor’). After the donor dies, the Lasting Power of Attorney will end.

Can power of attorney holder sell property to himself?

A sale, transfer or charge to or in favour of himself or herself by an attorney named in a power of attorney, of land owned by the principal and purporting to be made under the power of attorney, is not valid unless the power of attorney expressly authorizes it or the principal ratifies it.

Is it safe to buy property on GPA?

The 2011 order by Supreme Court of India categorically states that the GPA is not an instrument of transfer when it comes to right, title and interest in an immovable property. … Therefore, GPA is not valid for the sale/purchase of property.

Can GPA holder give another GPA?

the agent cannot issue another GPA unless there is a specific clause in the GPA that the holder of the GPA can further issue a GPA. if that clause did exist then it was a valid GPA.

Is it mandatory to register GPA?

It is true that a GPA has to be registered before a sale can be made on its basis. No conveyance is possible through an unregistered GPA. 2. Notarization of GPA is not equivalent to registration.

Can GPA holder can execute sale deed?

There is no bar on GPA Holder to execute sale deed in Law when he is authorised to execute sale deed. Therefore, there is no infirmity in the orders of the authorities below in making and confirming the addition.

What is the meaning of GPA holder?

general power of attorneyA power of attorney is an instrument that is used by people to confer authority on somebody else to legally act on their behalf. They can be of two types — special power of attorney (SPA) and general power of attorney (GPA). … Of course, a GPA holder can only ‘sell’ the property through another GPA.

Can power of attorney sell property after death?

A power of attorney is no longer valid after death. The only person permitted to act on behalf of an estate following a death is the personal representative or executor appointed by the court. Assets need to be protected. … An estate needs to be opened and a personal representative or executor needs to be appointed.

Is notarised GPA valid?

Notarized GPA does not hold good enough for the execution of sale proceedings…. notrized GPA is not valid it may create probleb in future. If the Sub-Registrar allows registration of document without regd. POA,no problem and you will get perfect title.

What if GPA holder dies?

Once the GPA holder is died there is no question of power being carried over to his heirs, it becomes invalid. … If the principal is alive, the principal can sell or upon the death of the principal the legal heirs of principal shall dispose the property.

Can GPA be Cancelled?

Hi, General Power of Attorney is an instrument to act on behalf of the Principal so even though the Power of Attorney registered it can be cancelled at any time by the principal.

Can GPA be registered anywhere?

A: GPA can be registered anywhere in the country and does not necessarily have to be registered with the authority which has the jurisdiction on the property. … A: Sale Deed should be registered with the authority which has the jurisdiction on the property.

Can I sell a property if I have power of attorney?

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.

Does POA override a spouse?

The principal’s power of attorney only authorizes the designated agent to act on behalf of the principal—not anyone else. The agent cannot act on behalf of the principal’s spouse, and the spouse does not have the power to terminate or modify the principal’s POA.

Can GPA holder sell the property to himself?

Yes, he can sell the property in the capacity of GPA of his principal and he can buy the same property in the capacity of a buyer, it is very much valid in law. … As a GPA holder he can sell the property to any one provided the PA is still valid as on the date of execution and registration of sale deed.