[14/09, 6:36 pm] Leslie Boby Adv: Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019. Sc has clearly said that GPA method for transfer of immovable property is not valid. The power of attorney cannot be used as an instrument of transfer any ownership/ title.
[14/09, 6:36 pm] Leslie Boby Adv: It held Supreme Court such of transfer of GPA through will not be treated as complete transfer .The transfer can be done only thourgh registered sale deed .No other can be recognised.Power attonery is not an instrument of transfer in regard to any interest, ownership of immovable property..If, you have GpA right now.It mean you have the possession with you.You can enjoy it.Still you will not be considered a owner of property.So,in case the owner file a case against you .The owner will have a stronger case and holder of power of attorney will suffer lose.There only two things.
1he can go for specific performance of transaction
2 he can defend the case 53A transfer of property act .But ultimately.GPA holder know that they will only enjoy the possession .They will never be declared owner property ..See maximum you can do transfer it through registered sale deed and no other option .
[14/09, 6:40 pm] Leslie Boby Adv: People are using at their own risk general power attorney .Because if they come to court and ask for ownership on basis of gPA .they will have 100% lose in the case
[14/09, 6:43 pm] Leslie Boby Adv: There was judgement of Delhi HC in case Suraj lamp industries after which registered GPA practice stopped in Delhi.As per registration act GpA does not give any right of transfer of the property.It merely a act as care taker of property.
[14/09, 6:43 pm] Leslie Boby Adv: Suppose , the agreement sale taking place in 2003/and possession of property remain with buyer.Then, you go for specific performance
[14/09, 6:49 pm] Leslie Boby Adv: Unfortunately, There few more factor or arrangement done with GPA
1 registered joint development agreement along with GOA
2 registered sale agreement coupled with GPA
3 registered GPA along with consideration (100%payment made and stamp duty paid completely but not exceed sale deed cos of some pending documentation of revenue
Sale of Immovable property through GPA is invalid. Judgement- Sunil Kumar & Anr Vs UOI CA- 8003/2019. Sc has clearly said that GPA method for transfer of immovable property is not valid. The power of attorney cannot be used as an instrument of transfer any ownership/ title.
[15/09, 3:12 am] Leslie Boby Adv: The government realized properties were being bought and sold through GPAs and no stamp duty was being paid on these transactions. To stop this and boost its revenues, in 2004, the Delhi government made it mandatory for GPAs to be registered at 90% of the stamp duty rate applicable to sale deeds. It made it clear the GPAs that are not registered will have no legal validity.
What has the Supreme Court done?
In October, SC ordered that no further transfer of property should be allowed through GPAs. Most states banned the use of GPAs for this purpose soon thereafter. But the Delhi government passed an order to this effect only last week.
[15/09, 3:12 am] Leslie Boby Adv: What effect will this have?
For the future, it means properties that cannot legally be sold will become truly immoveable. As for the past, transactions for properties in Delhi for which GPAs have been conferred since October 11, 2011, become null and void for legal purposes.
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