GENERAL POWER OF ATTORNEY

Dispute Cases

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property. The power of attorney is creation of an agency whereby the Executant authorizes the GPA Holder to do certain acts specified therein, on behalf of Executant, which when executed will be binding on the Executant as if done by him. It is revocable or terminable at
any time unless made irrevocable in a manner known to law. Even an irrevocable attorney does not have the effect of transferring title to the GPA Holder. So, power of attorney does not convey ownership. An attorney holder may however execute a deed of conveyance in exercise of the owner powers under the power of attorney and convey title on behalf of the Executant.

DOCUMENTS REQUIRED FOR GENERAL POWER OF ATTORNEY

1. Two Passport Size Photographs
2. Two Passport Size Photographs
2. Residential Proof (Voter Card / Passport / Ration Card / Driving License )
3. Proof Of the property / Title of the property(Copy of Sale Deed / Transfer Latter / Fard / Jammabandi)

JURISDICTION

GPA can be registrar only where executant permanent resides or where the property situated.

CONCLUSION

A discussion above thus holds that immovable property can be legally and lawfully transferred /conveyed only by a registered deed of conveyance. Transactions of the nature of GPA sales or Agreement to Sell/GPA/Will transfers do not convey title and do not amount to transfer nor can they be recognized or valid mode of transfer of immovable property. Just merely drawn attention to the legal position that SPA/GPA/WILL transactions are not transfers or sales and that such transactions cannot be treated as completed transfers or conveyances. But they can still be treated as existing agreement of sale. Nothing prevents affected parties from getting registered deeds of conveyance to complete their title.

GENERAL POWER OF ATTORNEY

I, S/o R/o am the executant of this deed of General Power of Attorney. Through this deed I do hereby appoint, nominate and constitute Sh. S/o S. R/o H.No. Tehsil & Distt. S.A.S. Nagar (Mohali), Punjab, as my true and lawful general power of attorney to do the following acts, deeds and things in respect of my Kothi No. Tehsil & Distt. S.A.S. Nagar, Punjab i.e. to say :- 1.To make all sorts of correspondence with the Estate Officer, GMADA, Mohali, and all other Departments/appropriates authorities in respect of my above said property under his own signatures. To deal and negotiate with the departments to get the possession of land.
2.To apply for and obtain the No due Certificate and to sign and execute the deed of conveyance/lease of the said property to present the same before the concerned officer and before the Registrar/Sub Registrar of the circle concerned for its registration, to admit its due execution and the contents therein, to be true and correct, to receive back the deed from the office concerned, and to complete all formality-ties under his own signatures.
3.To apply for and obtain the extension in time limit for construction over the said property to submit the building plans of all kinds, revised plans, revalidation of plans or amended plans in the office concerned, to deposit and withdraw the securities and other deposited money, to get the plans approved and receive back the same from the office concerned, to complete all formalities under his own signatures.
4.To apply for and obtain the possession, demarcation and plinth level of the said property from the office concerned, apply for and obtain the building material permits from the Govt. stores or otherwise against its costs, to supervise the building construction to the best of his ability to settle all the disputes and differences with the owners of the adjoining Plots to pay and receive so settled amount and issue receipt thereof, to apply for and obtain the water electricity and sewerage and other necessary connections for the said site and building to be erected thereon, to deposit, withdraw the securities, to complete all formalities under his own signatures.
5.To apply for and obtain the completion/occupation Certificate of the said property to let out the said Property & the building thereon to any tenant (s), to enter into such agreement/deeds, to receive/recover the rents and issue receipt thereof, to eject the tenants personally or through the court of law by serving legal notice, to replace him/her with others under his own signatures.
6.To sell, transfer, and mortgage the said property and the building erected or to be erected thereon, to enter into sale agreement deeds to sign and execute the deed of sale/transfer/security/mortgage, to present the same before Registrar/Sub Registrar of the circle concerned for its registration , to admit its due execution and the contents therein to the true and correct, to receive the consideration money and issue the receipt thereof, to apply for and obtain the No objection Certificate to sell/permission to transfer, Income Tax Clearance Certificate and other permission for the above mentioned purposes, from the authorities/departments concerned and to complete all formalities pertaining thereto, under his own signatures.
7.To appear and act before any office/office/court, whether civil, criminal, revenue or misc, arising out of the said property and the building erected/to be erected thereon, to give all such applications, forms, statements, bonds and to submit them in the office concerned, to compromise, compound and withdraw all such cases, or refer the cases to arbitrator, to confess the judgements, to engage any Advocate or Pleader for the proper conduct of such cases, to sign and verify all such plaints/suits, to file appeals reviews, revisions, writ petition against any order or decree upto the highest court of law in India, to apply for and obtain the copies of the judicial/civil records his own signatures.
8.To appoint/remove the Sub-Attorney, Special Power of Attorney or Agent to do all or any of the above mentioned acts, deeds and things under his own signatures.
9.AND GENERALLY to do all other acts, deeds and things for the proper management, construction, sale and transfer etc. of the said property and the building erected/to be erected thereon under his own signatures.
I DO HEREBY RATIFY & agree to ratify all acts, deeds and things done by my said Attorney, Sub-Attorney, Special Attorney, Agent as if the same were done by me in person. There has been no transaction between the parties in the case and neither the possession has been delivered through this deed of G.P.A. IN WITNESS WHEREOF I have set my hands on this deed at ..............on this...........day of...................in the presence of the witness

Witnesses

Executant



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