Response

“In my opinion, only a local lawyer in Karnataka can advise you on when a notarized general power of attorney is legitimate. You may need a notarized gpa for a selling transaction or any other reason. In 2013, the Supreme Court ruled in one case that a registered gpa is essential for sale transactions. In India, delegation of power via a General Power of Attorney or a Special Power of Attorney is a legal process. General Powers of Attorney must be registered under the Indian Registration Act, 1908, in order to sell, mortgage, gift, exchange, create, or relinquish the right. As a result, GPA registration is required. In this instance, a notarized GPA is invalid.

Property transfer via GPA is likewise not valid until the Sale Deed is signed. GPA execution inside a family member to administer the property or get a property transfer, on the other hand, is not need to be registered. A notarized GPA is sufficient. Even if the GPA executor cancels or demides a person’s interest in a property formed under the GPA, the interest will not be terminated. A power of attorney is simply an agency formed on behalf of the grantor in favour of the recipient, also known as the grantee. Furthermore, even an irreversible power of attorney does not transfer ownership to the beneficiary. As a result, GPA isn’t relevant to the selling or purchase of a home.Transactions involving immovable property can only be completed through the use of a stamped and registered transfer deed, as required by the appropriate State government Act.

Reference: The law governing the case is A General Power of Attorney in terms of Section 10 of the Powers of Attorney Act 1971 gives the Attorney(s) an almost unlimited power over the Donor’s affairs and should therefore be used with great caution. The Attorney has the same powers as the Donor would have had – – AHG60 – 202100581 – 31 – 20 – 202100223-20210042-14207

LAWAYZ-2023-897