Response

Registered Sale Deed in April 2005 based on notarised GPA is legally valid, because the Registration of GPA was optional before the Hon’ble Supreme Court Judgement of 2011. 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. By law, there is no barring to this if the property transfer is done after following the authorized process within legal bindings.

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. 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. For own share he can give GPA and for wife share he or either wife has to sign and register the sale deed.

Such Power of Attorney may be revoked by the principal or the Power of Attorney holder by the procedure according to law.

Reference: *

202100155-20210042-22319

LAWAYZ-2023-733