Buying property in India is rarely casual money is big, stakes are higher, and mistakes last for decades. In cities like Delhi, Noida, Gurgaon, and other NCR regions, thousands of buyers purchased property through a General Power of Attorney (GPA) believing it meant ownership.
That assumption is costly.
If you or your family holds property through a GPA arrangement, this guide explains where you stand legally, what risks you face, and what options exist to secure your investment. It also clarifies when involving a real estate lawyer in India or a property dispute lawyer becomes unavoidable.
What Is a GPA-Based Property Transaction?
A General Power of Attorney is a legal instrument where the owner of a property authorizes another person to act on their behalf. The authority can include managing the property, dealing with authorities, or even entering into sale-related acts.
In many GPA transactions, buyers receive a bundle of documents:
- General Power of Attorney
- Agreement to Sell
- Will
This structure is commonly referred to as an SA/GPA/Will transaction.
Here’s the problem. None of these documents, individually or collectively, transfer legal ownership of immovable property.
Legal Status of Property Purchased on GPA
GPA Does Not Create Ownership
A GPA merely grants authority. Even when registered, it does not convey title. The legal owner remains the original property holder.
Supreme Court Position on GPA Sales
The Supreme Court of India has categorically held that ownership of immovable property can only be transferred through a registered sale deed. GPA, Agreement to Sell, or Will cannot substitute a sale deed and do not amount to a valid conveyance.
This ruling applies uniformly across India and is binding on all courts.
GPA Can Be Revoked or Terminated
A GPA offers no permanent security. Its validity is fragile and conditional on the status of the person who executed it.
A GPA:
- Automatically lapses on the death of the owner
- Can be revoked at any time
- Becomes invalid if the owner loses mental capacity
From a legal standpoint, GPA-based possession is inherently unstable.
Risks of Buying Property Through GPA
No Marketable or Clear Title
Without a registered sale deed, your title remains incomplete. This affects your ability to:
- Sell the property
- Transfer it to family members
- Use it as collateral
- Defend ownership in court
A property title verification lawyer is often needed just to understand how weak or strong the documentation actually is.
Banks Will Not Finance It
Most banks and housing finance companies refuse home loans for GPA properties. That alone drops resale value and buyer confidence.
Mutation and Tax Complications
Municipal authorities may refuse to mutate records or transfer property tax in your name. The property may continue to appear under the original owner’s name, creating administrative and legal headaches.
High Exposure to Fraud
The original owner can legally:
- Sell the same property to someone else via registered sale deed
- Pass it to heirs through inheritance
GPA holders frequently end up in prolonged litigation. At that stage, engaging an experienced GPA property lawyer becomes unavoidable.
What Rights Does a GPA Buyer Have?
While GPA does not confer ownership, the law provides limited safeguards in specific circumstances.
Protection of Possession Under Section 53A
If you have:
- A written agreement to sell
- Paid consideration
- Taken possession
You may defend your possession against the original owner under Section 53A of the Transfer of Property Act.
This protection is narrow. It does not grant ownership and cannot defeat the rights of a bona fide purchaser holding a registered sale deed.
Right to Seek Specific Performance
If the seller refuses to execute a sale deed, you can approach the court seeking specific performance. The court may direct the seller to:
- Execute a registered sale deed
- Complete the transfer formally
This remedy requires precise drafting and evidence. A real estate lawyer in India should handle it.
Monetary Claims Against the Seller
If payment was made and the transaction was genuine, you may claim:
- Refund of the amount paid
- Compensation for breach
Proof such as agreements, receipts, bank records, and witnesses becomes critical.
Legal Options to Secure a GPA Property
Register a Sale Deed (Safest Route)
The most reliable solution is execution of a registered sale deed by the original owner, along with payment of stamp duty and registration charges. This converts the arrangement into a legally valid transfer and grants enforceable ownership rights.
Rectification or Ratification Deeds
If documentation contains errors and the original owner is available, rectification or ratification deeds can correct defects before executing the final sale deed.
Declaration Suit
If the owner is missing, untraceable, or unwilling, a declaration suit may be filed in civil court. The court evaluates the GPA, agreement, payment records, and possession history to determine rights.
This route is complex and should only be pursued with a seasoned property dispute lawyer.
Regularisation Schemes in Unauthorized Colonies
In places like Delhi, schemes such as PM-UDAY allow certain GPA-based properties to be regularised, subject to eligibility. These schemes may enable conversion into recognised ownership and issuance of a conveyance deed.
A property title verification lawyer can assess eligibility and manage compliance.
Legal Status of Common Property Documents
| Document | Ownership Transferred | Legal Strength |
| Registered Sale Deed | Yes | High |
| Registered GPA | No | Medium |
| Unregistered GPA | No | Low |
| Agreement to Sell | No | Medium (Limited remedies) |
When Should You Consult a Property Lawyer?
You should speak to a real estate lawyer in India if:
- You purchased property through GPA and want legal ownership
- You plan to sell or transfer a GPA-based property
- There is a dispute with the original owner or heirs
- You need a title check before further investment
A GPA property lawyer can review documents, assess risk, recommend the right legal route, and represent you if litigation becomes necessary.
Can GPA Property Be Sold?
A GPA property cannot be legally sold like a normal property. Re-selling through another GPA only compounds the risk and further weakens the title. Most informed buyers avoid such transactions today, which directly impacts value and liquidity.
Final Thoughts
GPA property transactions were once common, but the law has moved on. Today, they expose buyers to serious legal and financial risk. Ignoring the issue only increases the chance of disputes and loss.
If you already hold a GPA property, act early. With the right legal advice and timely steps, it is often possible to secure your position.
Consulting an experienced property dispute lawyer or property title verification lawyer can help you understand exactly where you stand and what to do next.
