Buying or selling a property is a big step in life. It is very important to follow the proper legal process. Often people think that it is safe and legal to sell a property through GPA (General Power of Attorney). But that's not entirely right. In this article we will explain in detail why the transaction of property through the GPA is not legally valid, and why the registered deed is necessary.
What is General Power of Attorney (GPA)?
The General Power of Attorney (GPA) is a legal document. Through this, a person (called the principal) can authorize another person (agent or attorney) to act on his behalf.
- This right can be given to sell, buy or manage a property.
- Usually people use GPA to simplify a task or to make it easier for them to get out.
- However, this document is only a means of representation, not proof of the legal sale of property.
The point to note is that GPA is only a permission document, it does not give the right to property.
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Limitations of Selling Property Through GPA
Many people think that it is legal to sell a property through GPA. But that's not correct. There are several main reasons for this:
1. Lack of legal status: The sale of property on the basis of GPA has been declared invalid in many cases in the courts. Merely showing GPA does not transfer ownership of the property.
2. The need for registration: According to Indian law, a registered deed is mandatory for the transfer of property. Without a registered deed, the buyer does not get the full right to the property.
3. Risk of conflict and fraud: GPA can be misused. Sometimes agents take possession of the property by misusing their rights.
Why is a registered deed necessary?
The registered sale deed is the most important document to legally validate the sale or transfer of property.
- This document transfers the ownership of the property to the buyer.
- It is admissible as legal evidence in court.
- A property transaction without a registered deed can be controversial.
Advantages of Registered Deeds
The buyer gets full rights to the property.
This is strong evidence in case of any legal dispute in the future.
It certifies the actual valuation and tax payment of the property.
Difference between GPA and Registered Deed
Subject GPA Registered Deed
- Objective Giving authority to the representative to make legal transfer of property
- Legitimacy limited to representative actions only Legally fully valid
- admissibility in court limited to fully admissible
- The risk of fraud is at a high minimum, if there is correct registration
- The type of legal document
This table clearly shows that the GPA is only a formal document, while the registered deed is a legal proof of sale of property.
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Legal safeguards
It is very important to take some precautions while buying or selling property.
1. Always use a registered deed
Don't just rely on your GPA. Do not transact any property without a registered deed.
2. Consult a lawyer
Consulting an experienced property attorney can help avoid disputes and fraud. The lawyer can check the correct procedure and documents of the deed.
3. Check the history of the property
Check the seller's name and property records. This ensures that the property is not in any dispute or mortgage.
4. Confirm the registration
It is mandatory to register the deed in the registration office. The right over the property is ensured only after the registered deed is received.
Conclusion
The use of a GPA can be helpful for property management or any other legal work. This document empowers the agent to act on behalf of the principal. But it is very important to understand that the actual ownership of the property does not transfer through the GPA. This means that selling or buying property by relying solely on the GPA does not provide legal protection.
Actual and permanent transfer of property is possible only through a registered sale deed. The registered deed not only protects the rights of both the buyer and the seller, but it also helps in protecting against any dispute, claim or fraud in the future. This document is considered perfectly valid in court and is the most reliable way to prove ownership over the property.
In the purchase or sale of property, always ensure that all documents are correct, the deed is registered and the advice of a lawyer is taken to avoid any legal hassles. Only in this way you can make the property transaction safe and legally valid.
GPA is only a means of granting temporary rights, whereas registered deed is the basis for valid sale of property. Avoid hurrying or incomplete information in any decision related to the property. Adopting the right process not only protects your investment, but also ensures the safety of your family and future.
