The Supreme Court verdict on general power of attorney (GPA) on October 11, 2011 was supposed to have made life tougher for home buyers and sellers. It was assumed that buyers would ¬ if they bought the property on GPAs ¬ neither get the title of the property nor be able to sell it.
However, that's not the case. There is still a lot of confusion over the apex court's verdict. Sale deeds are still being given for GPAbased property transactions.
“According to the SC verdict, any form of GPA can't be a valid document to get a sale deed. But, the registrar's offices at various places in Delhi say just the opposite -that you can get a sale deed by paying a requisite amount of money any time in the future. And this is what we are telling buyers and sellers who are coming to us for legal counseling,“ says Ashwin Kumar Sharma, a lawyer at the registrar office, Ansari Road.
Hundreds of people at various registrar offices in Delhi are running from pillar to post with queries, “If I buy a property through an IGPA (Irrevocable General Power of Attorney), can I get it converted to a sale deed later? Or has the SC judgment made the sale deed a mandatory document for actual ownership of the property?
The bigger problem is the interpretation of the judgment by senior officers in the registering authorities.
Courtesy - HT Estate (Hindustan Times) Dt – 3/12/2011
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