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Author Topic: Third party gift deed sale of property  (Read 1259 times)

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Offline Shanmugaram

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Third party gift deed sale of property
« on: July 11, 2016, 09:20:25 AM »
Hello everyone , is it compulsory to register a GPA given to third party (outside family) for the sake of sale of a property .?

Offline rajgopal sripathi

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Re: Third party gift deed sale of property
« Reply #1 on: July 11, 2016, 09:48:44 AM »
Almost all states(barring a few) in india have made it compulsory by making amendment to The Registration Act. As per the said amendment, an Irrevocable Power Attorney relating to transfer of immovable property in any way executed on and after the amendment shall be compulsorily registered. Thus, any power granted to a person for sale of immovable property shall necessarily have to be registered with the Sub-Registrar of Assurances, failing which the same cannot be put to use.

The registration of Power of Attorney so far was optional under the Registration Act, 1908. It was only required to be notarized before the Notary Public. However, lately it had become a practice in case of sale transactions to seek an unregistered Power of Attorney from the owner of an immovable property instead of executing a Deed of Conveyance and to use the same for transfer of immovable property. This lead to avoiding the payment of stamp duty that is chargeable on a deed of transfer of an immoveable property leading to huge loss of revenue to the State Government. The amendment seeks to address the loopholes and curb such wrongful practices of transferring property without registering and avoiding payment of requisite stamp duty. It would be pertinent to note that though a Power of Attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property an Attorney Holder may however execute a Deed of Conveyance in exercise of the power granted under the Power of Attorney and convey title on behalf of the Grantor.
Hope this helps.
Rajgopal Sripathi

Offline adv.amarnath

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Re: Third party gift deed sale of property
« Reply #2 on: July 13, 2016, 09:03:04 AM »
Yes, it is compulsory to register it before the Registrar Office.

Amarnath Sanyal
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