Yes, a GPA holder can sell the property if the General Power of Attorney (GPA) specifically grants the authority to sell, transfer, and execute property-related documents on behalf of the owner. However, the GPA holder acts only as a representative of the property owner and does not become the owner simply because they hold a GPA.
Many property owners use a GPA when they live in another city or country and cannot personally handle property transactions. In such situations, the GPA holder can negotiate, sign agreements, and complete registration formalities. Buyers should also know the difference between power of attorney and property registry, as GPA gives authority, but registry transfers ownership.
Can a Registered GPA Holder Sell the Property?
A common question is whether a registered GPA holder can sell the property. The answer is generally yes, provided the registered GPA clearly authorizes the holder to sell the property. The document should specifically mention powers related to sale, execution of sale deeds, registration, and other transfer-related activities.
A registered GPA usually carries greater legal credibility because it creates an official record of the authority granted by the property owner. However, buyers should still verify the authenticity and validity of the GPA before proceeding with the transaction.
Can GPA Holder Sell the Property to Others?
Yes, a GPA holder can sell the property to others if the owner has expressly granted that power in the GPA document. The transaction is carried out on behalf of the owner, and the GPA holder acts as the owner's authorized representative throughout the process.
For example, if a property owner living abroad grants a GPA to a family member in India, that GPA holder may complete the sale with a buyer, sign the required documents, and appear before the Sub-Registrar, provided such powers are included in the GPA.
What are the Important Points Buyers Should Check?
Before purchasing a property through a GPA holder, buyers should conduct proper due diligence and complete the necessary legal checks before buying property.
- Registered GPA document.
- Identity of the property owner.
- Authority granted to the GPA holder.
- Original title documents.
- Encumbrance Certificate (EC).
- Property tax receipts.
- Validity of the GPA on the date of sale.
A GPA holder can legally sell the property when the required authority is clearly granted by the owner. However, buyers should ensure that the sale is completed through a valid registered sale deed, as ownership of the property generally transfers through the sale deed and not through the GPA itself. This helps avoid future disputes and ensures a legally secure property transaction.
