Legal & Documents
What is a General Power of Attorney (GPA)?
Broad authority, handed to another person. Occasionally necessary. Frequently misused. And it has never, at any point, transferred ownership of anything.
The short answer
A General Power of Attorney grants broad authority to someone to act on your behalf — often across many matters, sometimes open-ended.
It is genuinely useful in narrow circumstances. It is also the instrument behind one of the most damaging practices in Indian real estate: the "GPA sale", which the Supreme Court held in 2011 does not transfer title at all.
What a GPA is
A document by which you authorise another person to act for you — broadly. Manage property. Sign documents. Deal with banks. Appear before authorities.
The breadth is the point, and the breadth is the danger. You are handing another human being wide authority to act in your name, and they can exercise it without asking you again.
The "GPA sale" — and why it isn't one
A practice grew up, especially in Delhi and the NCR: instead of a registered sale deed, property was transferred by a package of documents — a GPA, an agreement to sell, a will, and a receipt.
It avoided stamp duty. It avoided registration. It was cheap. And it was everywhere.
In 2011 the Supreme Court held plainly that such transactions do not convey title. A GPA confers authority, not ownership. An agreement to sell creates no interest in property. A will operates only on death.
Buyers who had 'bought' this way owned nothing. They had documents, possession, and no title.
The practice persists. It is still offered — usually to buyers who are told they will save on stamp duty, and who do not realise what they are giving up.
If a property is offered to you "on GPA", walk away. Not a negotiation. The saving is a few lakh rupees. The loss is the flat.
The risk to the person GIVING it
The other side of the danger, and less discussed.
If you give someone a GPA over your property, they can — depending on how it's drafted — sell it, mortgage it, lease it, or deal with it. Without asking you again.
- A relative who was trusted, and then wasn't.
- A "friend" managing your property while you're abroad.
- A GPA given for one purpose, used for another.
- A GPA never revoked, still live years later.
These are not hypotheticals. They are among the commonest property disputes in India.
A power of attorney does not expire when the job is done. It expires when you revoke it — in writing, and registered.
Almost nobody does this. Un-revoked GPAs sit in drawers for decades, fully valid, exercisable by someone whose circumstances may have changed a great deal since you signed.
Give the narrowest authority you can. Put an expiry date on it. Revoke it the day it's done.
When a GPA is actually appropriate
- An elderly parent who wants a child to manage their affairs entirely.
- A long absence where many different acts may be needed and you cannot predict which.
- Where you would trust the person with your bank account. That is the correct bar.
For everything else — including almost every NRI property transaction — use a Special Power of Attorney instead. It does the one job you need and nothing more.
GPA vs SPA
| General Power of Attorney (GPA) | Special Power of Attorney (SPA) | |
|---|---|---|
| Scope | Broad. Many acts, often open-ended. | Narrow. One specific act, or a defined set. |
| Typical use | Managing all of someone's property affairs while they're abroad | Signing one sale deed. Registering one document. Appearing once. |
| Risk to the giver | High. You have handed over wide authority. | Low. The agent can only do the one named thing. |
| Registration | Must be registered if it relates to immovable property and permits sale | Registration required for property transactions; otherwise notarised may suffice |
| Can it transfer ownership? | NO. See below — this is the important one. | NO. A POA is authority to act, not a transfer. |
| Revocable? | Yes, unless coupled with an interest. Revoke in writing, and register the revocation. | Yes. And it lapses once the specific act is done. |
| For an NRI | Risky. Use only with someone you trust absolutely. | Preferred. Name the act, name the property, put an expiry date on it. |
For an NRI who needs someone in India to complete one transaction: use an SPA, name the exact property, name the exact act, and give it an expiry date. A GPA is a much larger thing to hand to anybody.
Frequently asked questions
Is a GPA sale legal in India?
No. The Supreme Court held in Suraj Lamp & Industries v State of Haryana (2011) that transferring property through a General Power of Attorney, agreement to sell, will and receipt does not convey title. Buyers who took that route to save stamp duty discovered they owned nothing.
Can someone sell my property with a GPA?
Depending on how it's drafted — yes, they can execute a sale deed on your behalf, and you may not be asked again. That is the risk. Only give a GPA to someone you would trust with your bank account, and revoke it in writing, registered, the moment the job is done.
Does a GPA transfer ownership?
No. A power of attorney grants authority to ACT on someone's behalf. It never transfers ownership. Ownership passes only on a registered sale deed.
How do I revoke a general power of attorney?
In writing, and register the revocation at the sub-registrar. Notify the attorney and anyone likely to rely on it. Almost nobody does this — and un-revoked GPAs sitting in drawers for decades are among the commonest sources of property disputes in India.
Should an NRI give a GPA?
Usually not. Use a Special Power of Attorney instead — name the exact property, the exact act, and an expiry date. It does the job you need and nothing else. A GPA is a very large thing to hand to anybody.