Legal Question in Real Estate Law in India

Re: Gpa

The language used in the GPA would determine whether you could buy it yourself. A Power of Attorney, whether Special or General, has always to be strictly contrued.If the GPA states that you can sell and register the property in favour of third parties, then you cannot register it in your name. Therefore, the language used in the GPA is crucial.

Re: Gpa

The language used in the GPA would determine whether you could buy it yourself. A Power of Attorney, whether Special or General, has always to be strictly construed.If the GPA states that you can sell and register the property in favour of third parties, then you cannot register it in your name. Therefore, the language used in the GPA is crucial.

Re: Gpa

Your power depends on the express meaning of the written GPA. If it is provided that you can sell to anyone includin U then you can go ahead and transfer the property into your name. In case of any clarifications pls do contact us.

Re: Gpa

There is no express privision in law which touches upon the subject-matter. However, as a matter of practice and prudence, it is not advicable to sell the property unto yourself, as a GPA holder for the Actual owner, as their may be a clash of interest and also the express powers conferred upon you in the GPA has to be looked into and understood in its actual and strict sense.

Re: Gpa

You can purchase the said property and execute and register a document in your name even though you are also a GPA holder of the owner, unless specifically barred by said GPA.

Re: Gpa

Unless we see the GPA and read the contents, it is not advisable to say yes or no to your question.

Re: Gpa

The relationship between you and the land owner is that of an agent and principal governed under the Indian Contract Act. The land owner who is your principal has appointed you to get the best price and a suitable buyer for this property. He binds himself to those lawful acts done by you in his favour and in his best legal interest. If you end up buying the property than you run into a conflict of interest. The sale will not be binding on the seller. Since a broker can never marry the bride :-) the land-owner will be advised to terminate the agency created in your favour by revoking the General Power of attorney. Yes we dofind land owners executing special POA with their builder for general acts and include a clause that confers a power coupled with an interest. Such a POA is irrevocable in law and a registrable instrument. Appropriate stamp duty is required to be paid based on the interest conveyed. Since your GPA obviously does not overtly empower you to sell it to yourself refrain from buying it yourself and honor your commitments as an agent.