One question that comes to the mind of many people is that whether power of attorney is valid or not ? General Power of Attorney (GPA) or Special Power of Attorney is very valuable important instrument. A power of attorney holder can register a flat or plot on behalf of the owner, but there are some important conditions and considerations:
Key Points:
- GPA Authorization: The GPA document must specifically grant the holder the authority to sell and register the property. The scope of power must be clear in the document.
2. Registered GPA: The GPA itself should be properly notarized or registered, depending on the local laws. In many states in India, a GPA used for property transactions must be registered.
3. Legal Validity: The GPA holder acts as an agent of the owner. The registration process involves presenting the GPA during the registry. Authorities will verify its validity.
4. Owner’s Consent: The owner must still be alive at the time of registration. If the owner has passed away, the GPA becomes invalid.
5. Verification by Authorities: The sub-registrar’s office will check the GPA document and ensure that it includes clauses related to the sale and registration of the property.
6. Recent Legal Changes: The Supreme Court of India has ruled that the GPA cannot be used to transfer ownership of immovable property. However, a GPA holder can complete the registration if acting strictly within the scope of their power and under the owner’s consent.
Therefore from the above discussion it can be understood that power of attorney holder is authorized to sell a plot or flat on behalf of the owner power of attorney is giving him right to represent the owner. In this case the consideration amount should be received by the owner or that can also be received by attorney holder as well.
Power of attorney does not give right to attorney holder to become the owner but it give power to sell the plot to another person. As in many cases the real owner may be unwell or at a distant location than in that case he can give his power of attorney to sell his property.
Other example of General power of attorney or Special power of attorney can be seen when a person purchase a flat from Government authority than CEO of authority does not come at the time of property registry but the attorney holder comes similarly when a flat is purchased from a builder than also builder appoint his power of attorney holder to do the registry.
In Summary:
If the GPA specifically includes the authority to sell and register the property, and the GPA is registered, the GPA holder can execute the registry. It’s always advisable to consult a legal expert to ensure all documentation is in place and to avoid complications during the process.
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