What is General Power of Attorney (GPA)?
A General Power of Attorney (GPA) is a legal document that authorizes another person (attorney) to act on behalf of the principal in various matters, including property transactions.
Key Point: Supreme Court has held that GPA sale alone does not transfer title. Registration of GPA does not confer ownership.
Types of Power of Attorney
General Power of Attorney (GPA): Wide authority for all matters
Special Power of Attorney (SPA): Limited to specific transactions
Irrevocable Power of Attorney: Cannot be revoked without consent
Revocable Power of Attorney: Can be revoked by the principal
Supreme Court Guidelines on GPA Sales (Suraj Lamp & Industries Case)
The Supreme Court in Suraj Lamp & Industries (P) Ltd vs State of Haryana (2012) held:
- GPA sale does not transfer title or ownership
- Only registered sale deed can transfer title
- GPA is not a conveyance document
- Transactions through GPA alone are not legally valid for property transfer
- Power of Attorney can be used for specific acts but not for transferring ownership
Important: A General Power of Attorney holder may sell property only if specifically authorized in the GPA document. However, the Supreme Court has held that GPA sale alone does not transfer legal title.
When is GPA Valid for Property Transactions?
- For executing sale deed on behalf of principal (with specific authority)
- For signing documents at Sub-Registrar's office
- For appearing before authorities
- For receiving consideration
- However, GPA alone cannot replace registered sale deed for title transfer
Documents Required for GPA Registration
- Identity proof of principal and agent (Aadhar, PAN, Voter ID)
- Address proof of both parties
- Photographs of principal and agent
- Stamp paper of appropriate value
- Two witnesses with identity proof
- Property documents (if specific property mentioned)
Revocation of Power of Attorney
- Principal can revoke GPA at any time unless it is irrevocable
- Revocation must be in writing and registered if original GPA was registered
- Notice of revocation should be given to the agent
- Death or insanity of principal automatically revokes GPA
GPA for NRIs
NRIs frequently execute Special Power of Attorney (SPA) in favor of relatives in India to complete property transactions. The SPA should be:
- Notarized in the country of residence
- Apostilled as per Hague Convention requirements
- Registered in India if for immovable property
Educational Reference Only: This information is for educational purposes only. GPA laws are governed by Supreme Court guidelines. Consult a qualified legal professional for specific advice.