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2013 (5) TMI 421 - HC - Indian LawsValidity of General Power of Attorney (GPA) - registry through GPA - challenging the constitutional validity of the circular dated 27.04.2012 stating that a conveyance of an immovable property cannot be executed on the basis of GPA as relying on Suraj Lamp & Industries (P) Ltd. [2011 (10) TMI 8 - SUPREME COURT OF INDIA] - Held that:- The Supreme Court has not said that in no case a conveyance 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. There is distinctly a specific reference to the fact that, a person may enter into a development agreement with a land developer or builder for development of a parcel of land or for construction of apartments in a building, and for this purpose a power of attorney empowering the developer to execute sale agreements or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers can be executed or to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. Therefore, the directions contained in the impugned circular were quite contrary to the observations made by the Supreme Court. Accordingly, the same was to be set aside.
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