India's comprehensive legal resource covering landmark Supreme Court & High Court judgments on property law.
Expert legal summaries, FAQs, and practical guidance across 20 property dispute categories.
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⚖️ SC & HC Judgments
❓ Legal FAQs
💡 Practical Examples
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General Power of Attorney (GPA) is widely misused in property transactions. The Supreme Court has repeatedly held that GPA-based transactions do not transfer property ownership and such sales are legally invalid.
⚖️ Key Legal Principles
1GPA does not transfer title to property
2GPA holder can only act on behalf of the principal
3GPA sales/SA/Will transactions are not recognized transfers
4GPA becomes void on principal's death or revocation
🏛️ Important Supreme Court Judgments
⚖️ Suraj Lamp & Industries v. State of Haryana (2012)
GPA/SA/Will transactions do not confer title or ownership — such transactions are illegal and to be discouraged
⚖️ Kewal Krishana v. Rajesh Kumar (2008)
GPA holder cannot sell property to himself — such sale is void due to conflict of interest
🏛️ Important High Court Judgments
⚖️ Delhi HC — Naresh Kumar v. Sunita Sharma (2021)
GPA executed for sale purposes does not exempt parties from registration requirement of sale deed
⚖️ Punjab HC — Balbir Singh v. State (2020)
Revocation of GPA does not require notice to third parties if registered revocation is published
❓ Frequently Asked Questions
Q: Is GPA property sale valid?
A: No. As per Supreme Court 2012 judgment, GPA-based sales are not valid transfers. The buyer gets no ownership title. Proper registered sale deed is mandatory.
Q: Can existing GPA property be regularized?
A: If possession has been transferred and full consideration paid, courts may grant specific performance to compel execution of proper sale deed.
💡 Practical Example
X sells property to Y through GPA instead of registered sale deed to save stamp duty. Y is denied bank loan as bank does not recognize GPA as valid title document. Y must file suit for specific performance to get proper sale deed.