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My father is a General Power of Attorney holder in respect of property at Kengeri.  The khatha stands in the name of my father as holder. He is paying the taxes regularly and receipts are issued in his name. But many people say that he is not the owner of the property but he may sell it to any other person and get it registered in purchaser’s name. As we want to retain the property, can my father sell and register the property to me. Please advice?

- by Mohan, Basaveswaranagar, Bangalore

The general power of attorney holder cannot purchase the property in his own name nor can he be the owner of the property. He is only acting on behalf of the owner of the property as per the terms of power of attorney.  However, if the power of attorney is obtained on payment of consideration he may get the property registered in his name. There must be documentary evidence in consideration that your father may sell the property to you.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am planning to buy a site.  Site owner is in USA. He has given GPA to his relative. I came to know that there are different types of GPAs. If I want to buy that site, how to know what kind of GPA he gave  to his relative. If the person is in USA is it possible to give GPA to the other person?

Q:- Most of the property developers in Bangalore enter into Joint Development Agreement with the land owners who would give General Power of Attorney in favour of the property developer.  Such property developers sell their share of flats based on the General Power of Attorney held by them. Suppose the GPA executor dies how does the property developer gets right to deal with the flats allocated to him after the death of the GPA holder?

Q:- I have purchased a property within the municipal limits of Shimoga.  As I went abroad immediately after signing the sale deed, my close friend presented the document for registration which was accepted and registered.  Later on I came to know that the presentation should be either by the executant or claimant or only a duly authorized agent through power of attorney.  I have not given any power of attorney to my friend.  I am told that the registration is invalid.  Please advise me.

Q:- I am planning to buy a site. The owner is in U.S.A. He has given the GPA to his relative. I came to know that different types of GPAs are executed. If I want to buy this site, how do i know as to what kind of GPA he has given to his relative?  If the person is in U.S.A., is it possible to give GPA to the other persons?

Q:- I am planning to buy a site, site owner is in U.S.A., he gave GPA to his relative; I came to know that different types of GPAs are there.  If I want to buy that site, how to know, what kind of GPA he gave it, to his relative.  If the person is in U.S.A., is it possible to give GPA to the other person.