I presume GPA authorises you to sell the property too
2) you can sell the property on basis of GPA executed by wife
3) do inform her about sale
Joint name in property
Hello Sir, I bought the apartment 11 years back in Bangalore and that was registered on my and wife name.But the sale deed is signed by me on behalf of my wife, which she has authorised by giving the GPA in 2010.The GPA is duly registered by the district register to do and to take the appropriate decisions regarding the property on behalf of my wife.On a sale deed, as a first party, I put my signature and on behalf of my wife, as a second party, I only signed.Even all the property related documents were signed by me,I mean the BBBP Khata,Bescom papers etc. Going forward, the majority of loan installments were paid by me through my bank account.Even the loan agreement is on both of our names but also signed by me only as a first and second applicant. So Please kindly let me know, shall I sell it to third-party without getting her signature or concent or not.... Thanks & Regards
Asked 3 years ago in Property Law
Religion: Hindu
14 Answers
Dear Sir,
Yes, you can sell to the third party provided in the said GPA there must be a clause that you sell or mortgage or alienate such property on behalf of your wife. Please share the GPA so that I can verify the clauses. GPA is valid till it is legally cancelled.
1. Does the GPA executed by your wife authorises you to sell the property?. If it's so, then only you will be authorised to sell the joint property.
2. The wordings in the GPA determine as to whether you can sell the property to a third party or not?.
3. Show the papers to any Lawyer before taking any decision.
Even if you paid all the amounts or major share
He consent or noc will be required to you.
- Since, the sale deed is in her name , then legally you have no right to sell that property .
- However, if she has given the irrevocable GPA in your favor with the clause that the attorney will have power to deal with the property . then legally you can sell the property.
If the power of attorney given by your wife has not been revoked yet, you may do so.
1. You may sell the property PROVIDED the GPA document was Stamp Duty paid and Registered before the local SRO and further PROVIDED the GPA has a clause to sell property.
Keep Smiling .... Hemant Agarwal
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You have to visit the registered GPA deed given by your wife in your favor.
If there is any contention made by her in the deed authorising your to sell the share of her property on her behalf besides other tasks, you may go ahead.
If she has not mentioned or authorized to sell her share in the proeprty through this GPA deed, then you may not be permitted to sell her share in the proeprty even though you signed it as a purchaser on her behalf.
Dear All Sir, The GPA states,1.To admit execution of the agreement or any other documents submitted to the sub register of assurances or any other statutory authority in my name and on my behalf. 2.To fully repay the loan in existing bank, the attorney is granted power to get loan from other bank. 3.In generally to do all other acts, deeds, matters and things which myself would have done, in connection with the transaction as aforesaid property and taken loan if personally present in India. Please clarify these points Sir .. Thanks in Advance.
Asked 3 years ago
Under POA executed by wife you can take loan from bank repay the bank loan , admit execution of documents
in a nutshell said POA authorities you to enter into agreement on her behalf , take and repay loans from banks on her behalf for the property
It appears that the PoA does not authorise you to sell the property. Please engage a local lawyer and get it scrutinised by him and take his written opinion before proceeding further. Do not act in haste.
Thus you admit that the power of attorney deed has not specifically authorized or permitted to sell or alienate the property in any manner, therefore in what you exert that you can sell the property on behalf of her on the basis of this GPA deed.
You have already admitted that this deed was executed in your favor to accept the property by way of registered sale deed on her behalf too, hence the purpose of the GPA deed has extinguished, so you may have to obtain a fresh deed in your favor specifically permitting or authorising you to sell or alienate the property.
the consent of your wife is required as from your narration it is understood that in the GPA you do not have the right to sell that property on her behalf.
This a poa from you giving him power to do all the acts for the said work in relation to the payment of the loan to existing bank from taking loan from other bank and all other acts for the same.
Dear Client,
In case of Suraj lamp industries vs State of Haryana it is said that Even if the GPA is registered with the sub-registrar's office, the GPA holder is not authorised to sell the property on the owner's behalf.
Thank You.
