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  • Category: Lawyers

    Difference between GPA and sale deed?


    Are looking for the differences between power of attorney and a sale deed? Do you want to sell any property for which you want to make a deed? Go through the answers for help.

    What is the difference between a Power of Attorney and a Sale deed?
    One of my neighbor is planning to sell her house and she is too old. She needs help in understanding the terms. She is seeking help from my husband in selling her property for her and asking my husband to take power of attorney in his name to sell it. Confused what to do.
  • #141776
    GPA is general power of attorney. The registered property owner (in whose name property is registered in government office records, generally the Registrar Office) can give a GPA execution in favour of his spouse, son, daughter, brother, sister or any other relative to manage his property. In the year 2013 supreme court gave a verdict that a GPA in the name of a non relative will also be acceptable. GPA document (or deed) should be registered in the Registrar Office or any other authorised agency to make it a valid legal document.

    If GPA is specifically given to execute conveyance, gift and sale deeds then the GPA person can do so and get the deeds registered in the Registrar Office.

    Please understand that GPA can only exercise those deeds for which he is empowered by the owner in GPA document. He can not do some action merely because he is a GPA.

    Some areas may be covered under municipal boards and some may fall under gram panchayats and in the cases of selling or buying property the issue of NOC (no objection certificate) and OC (occupancy certificate) may also arise and to resolve everything properly regarding GPA and property transaction, it is advised to consult a local lawyer also.

    Knowledge is power.

  • #141779
    GPA(general power of attorney) is a document and mostly used by NRI's and generally used by owners to authorize a set of people or individual. Registered GPA is basically entering a particular transaction in the government records. GPA can be cancelled at any time but sale deed not cancelled its permanent document. Sale deed cannot be cancelled because register sale deed conveys that you have paid the full and final consideration amount for the said property.

    I think sale deed can be considered as legal title of ownership for any property but not GPA.

  • #141782
    Power of Attorney is a legal document made for authorising another person to do a particular act or certain acts as prescribed in the power of attorney document. GPA or General Power of Attorney gives more general authorisation for doing all that is needed in relation to the acts prescribed( say carrying out the business, trading the properties , managing the assets etc. . GPA is given to a person so that he or she is not finding any restrictions to carry out the act on behalf of the principal (person who gave GPA). The power of attorney holder can sign on all places on behalf of the principal as POA,and it becomes valid.

    Sale deed is the legal document executed by the seller , and narrates a sale of a particular property, owned by the seller, and transferring the ownership and possession to the buyer. The document describes the name and address of the seller and buyer, the full details of the property and the total amount of sale price and how it is given and received. The deed is made on stamp paper of requisite value or stamped for the value and registered with the relevant registrar office.

    If the owner seller has made a POA in favour of another person, that Power Of Attorney holder will sign the sale deed on behalf of the owner seller signing as POA holder for (name of seller).
    Power Of Attorney also has to be executed and registered duly a per legal provisions. Both POA giver and POA holder have to be properly identified and witnessed,.

    In the present case as narrated, it may be preferable that the neighbour lady herself executes the sale document if she is normal healthy and can visit the registrar office. Your husband can give her all other help from finding a buyer till finalising a deed. However if she is too weak and there is great mutual faith between both your husband and the lady, then probably your husband can accept the POA and do the needful. Then you must take care to avoid misunderstanding and avoidable legal issues from her close relatives.

  • #141784
    There are lots of difference between General Power of Attorney and Sale deed. When we purchase a property, the same can be got registered through two ways. One through the agreement made with owner of the property by paying substantial advance and another through GPA holder appointed by the owner. Some people who are Icons in the society wont come on the scene while disposing properties and hence they appoint a confident person or organization to execute agreement or sale deed. So a GPA holder can also register a property provided all the rights are appended by the real landlord to that effect on the GPA document itself. On the other hand a sale deed is executed by the real landlord after obtaining all the due proceeds and registering the property in favor the purchaser.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #141799
    Sale deed is a registered document which gives all the details of the land, the owner of the land and the purchaser of the land. For registration of the document the charges depend upon the value of the land. One should verify all connected documents before purchase. Certificate of encoumbarance is to be obtained to check the owners rights. Now a days so many frauds are taking place in this. One should be careful while purchasing.

    General power of Attorney(GPA) is a registered document made giving rights to a person to sell, mortgage or donate that property and the decision taken by him is acceptable to the owner. If the GPA document is registered there will not be any problem for the seller as well as the buyer in that transaction. But here also one should check all legal papers related to that particular property.

    drrao
    always confident


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