Govt U turn: GPA okay for property registration
the Revenue department had directed all registrars and sub-registrars not to register any sale deed for an immovable property based on a GPA, will or agreement to sell.
Jul 25, 2013
Source : The Financial Express

 

DELHI: The Delhi government on Monday issued a new notification to allow registration of properties through General Power of Attorney (GPA). The move comes over two months after the Revenue department was pulled up by the Delhi High Court for banning registration of any sale deed for immovable property through a GPA by having “misconstrued” an earlier Supreme Court order.

 In a circular issued on Monday, the government clarified: “There is nothing in existing provisions of law that prevents the registered property owner holding registered and valid deed of transfer, like sale deed, gift deed, partition deed, relinquishment/release deed, from executing general power of attorney/special power of attorney in favour of their spouse, son, daughter, brother, sister or any other relative or person of trust to manage his property or empowering him/them to execute any further deed of transfer, including conveyance, sale, gift deed on behalf of the registered owner.”

Earlier, through a circular on April 26, 2012, the Revenue department had directed all registrars and sub-registrars not to register any sale deed for an immovable property based on a GPA, will or agreement to sell.

While setting aside the said circular, the Delhi HC, in its April 30 order, reproduced a paragraph from the SC judgment and held, “Quite clearly, the Supreme Court has not said that in no case a conveyance (sale deed) can be registered by taking recourse to a GPA. As long as the transaction is genuine, the same will have to be registered by the sub-registrar.”

The  circular issued Monday by Divisional Commissioner Dharam Pal bears reference to the 2009 Supreme Court judgment in the Suraj Lamp vs State of Haryana case, as well as the subsequent April 30 High Court order in the matter between Pace developers and the Government of NCT of Delhi. The fresh notification is in “suppression of all earlier orders in this context”.

 The government has further clarified that “immovable property can be legally and lawfully transferred only by a registered deed like sale, gift conveyance etc,”. A lease can be validly transferred only under a registered Assignment of Lease, the circular stated.

 

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