Navigating Property Transfer in Bangalore: Is a GPA Enough for Consenting Witnesses?

Property Transfer Process in Bangalore

Builder X has developed a society in Bangalore where a couple, Mr. and Mrs. Y (residents of Mumbai), bought an apartment. Before the registration of the apartment, Mr. and Mrs. Y sold the property to me, and then the builder conducted an internal transfer via an assignment agreement. The builder will be registering the property in my name with Mr. and Mrs. Y as consenting witnesses at the sub-registrar office.

Now, Mr. and Mrs. Y can't travel to the sub-registrar office and are executing a General Power of Attorney (GPA) so that a relative can appear at the sub-registrar office as a consenting witness. Is there any issue with this process? Is there any specific format for the GPA? Does the GPA need to be registered at any specific sub-registrar office?

General Power of Attorney (GPA) Usage

This is not a forum to discuss such issues as it is a purely legal matter. With that caveat, yet as a matter of general information, the position is made clear that a General Power of Attorney (GPA) suffices in this regard. There is no specific issue in using it, and it is a reliable document.

A general power of attorney is the most frequently used power of attorney that grants someone more generalized authorization to handle your affairs. By executing a GPA, a person named therein is authorized to act, appear, etc., on your behalf as an agent as per the Contract Act 1872, which is a special contract. Such an agent could handle a variety of tasks, including entering contracts or buying or selling real estate.

Formats and Registration of GPA

The usual types of formats for GPA are available on the net and could be downloaded, but it is always preferable to take the assistance of an experienced advocate. As regards registration, it is to be seen from the position in the respective state where the GPA is executed, although as a general rule, this is not required to be compulsorily registered. The purpose being specific, instead of GPA, a special or limited power of attorney is more suited.