HindustanTimes Thu,02 Oct 2014

Transfer of property through GPA easier said than done

ht correspondent, Hindustan Times  New Delhi, July 23, 2013
First Published: 23:03 IST(23/7/2013) | Last Updated: 02:21 IST(24/7/2013)


Despite a go-ahead from the government, transferring property using the general power of attorney (GPA) is not going to be easy in the Capital. A day after revenue department of the Delhi government came out with a circular allowing GPA transfer, experts said that nothing had changed on the ground.

A sub-registrar who did not want to come on record said the new circular did not allow a GPA-holder to execute a GPA in favour of another person.

"The circular clearly says that only a sale-deed holder (title owner of a property) can execute a GPA in favour of a home-buyer. This doesn't change the earlier position. It is just that the revenue department has reframed the paragraphs of the earlier circular," a revenue department official said, requesting anonymity.

"There is absolutely no change in the prevailing situation. The seller who holds the property on a GPA will first have to get the sale deed registered in his name and only then he can transfer it to another person," a sub-registrar, requesting anonymity, told Hindustan Times.

"There have been several inquiries since morning asking whether transfer of property from one GPA holder to another GPA holder is now possible. We have told everyone that it is still not allowed," he added.

Recently, the Delhi High Court had struck down an internal circular of the state government issued in April 2012, restricting property transactions through GPA.

The latest circular states: "There is nothing in the existing provisions of law that prevents a registered property owner... from executing general power of attorney in favour of his family or relatives or person of trust to manage his property."

"There was no ban on transfer of property from one family member to another on GPA," an official said.

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