Quick Answer: What is General Power of Attorney for property in India?

In a nutshell, the General Power of Attorney is just a authority document issued by the Guarantor to Grantee to perform certain acts on his behalf and is also required to be registered as per respective state provisions but convey any ownership right or title of the property to the guarantor.

Is it safe to buy property through general power of attorney?

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.

Can power of attorney sell property in India?

A power of attorney is not a valid instrument to transfer property titles when buying or selling a property. However, due to the financial benefits, it provides to both the buyer and the seller, selling a property through a general power of attorney has become common practice in Indian cities.

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How long is a general power of attorney valid in India?

Durable PoA: A durable POA remains effective for a lifetime, unless it is explicitly cancelled. A specific clause can be inserted in the document, stating that the representative’s power would remain valid even if the principal becomes incapacitated.

How do I get power of attorney for property in India?

The Indian Registration Act does not make a POA compulsorily registerable. However, the POA granted to sell immovable properties should be registered. It should be done at the office of the sub registrar within whose jurisdiction the person giving the power resides.

What is a general power of attorney Good For?

A general power of attorney allows the agent to act on behalf of the principal in any matters, as allowed by state laws. The agent under such an agreement may be authorized to handle bank accounts, sign checks, sell property, manage assets, and file taxes for the principal.

Is general power of attorney still valid?

To summarise, the law holds that a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property but any genuine transaction carried out through General Power of Attorney is considered valid under the law.

What are the disadvantages of power of attorney?

What Are the Disadvantages of a Power of Attorney?

  • A Power of Attorney Could Leave You Vulnerable to Abuse. …
  • If You Make Mistakes In Its Creation, Your Power Of Attorney Won’t Grant the Expected Authority. …
  • A Power Of Attorney Doesn’t Address What Happens to Assets After Your Death.
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Is power of attorney valid in India?

Registration of power of attorney is optional In India, where the ‘Registration Act, 1908’, is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.

How many types of power of attorney are there in India?

There are two kinds of power of attorney viz., “General Power of Attorney” and “Special (or limited) Power of Attorney” .

Can I buy Power of Attorney property?

It can be done only by way of stamped and registered conveyance deed as applicable under the respective state government Act. Sameer Jain, Founder & Managing Partner, PSL Advocates & Solicitors, advises, “As the law stands today, property cannot be bought and sold only on the strength of Power of Attorney.

Can Power of Attorney holder sell property to himself?

If the Power of Attorney holder is following all the legal procedures then he cannot be barred by law from selling the property to himself. … If the passing of consideration is not disputed then the sale deed executed by the Power of Attorney to himself as a buyer is completely legal.

How do you sell a house with Power of Attorney?

Complete details of the Principal/donor making the Power of Attorney like his name, age, address as well as his present occupation. Important information of the agent/attorney/donee that is the individual who is getting the authority. The reason to grant the power to someone else must be clarified and be legitimate.

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