GPA Drafting For Residential Property

Here is a practical guide to GPA drafting for a residential property, written for owners, buyers and families in Delhi NCR and elsewhere in India. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.

In short. A general power of attorney for property should name the principal and agent, describe the property exactly, list each power given (managing, letting, selling, mortgaging, appearing before authorities and courts), set limits on price, payment and duration, and say how it can be revoked. It is executed on stamp paper, authenticated or registered at the Sub-Registrar where needed, and does not itself transfer ownership.

A general power of attorney (GPA) is a document by which you, the principal, authorise someone else, the agent or attorney holder, to act for you in a range of matters connected with your property. It is the usual answer when an owner lives abroad, is elderly or unwell, owns property in several cities, or is a company that acts through its officers. A well-drafted GPA lets the work get done without your presence. A loosely drafted one can let the property be sold, mortgaged or leased in ways you never meant.

This page explains what goes into a property GPA, how much power to give, how stamp duty and registration work in Delhi, UP and Haryana, the special rules for NRIs, companies, LLPs and banks, and how drafting changes for a flat, a plot, leasehold land, agricultural land or an industrial unit. It is written as of October 2026 and assumes you want a document that will be accepted by Sub-Registrars, authorities, banks and courts, and that will not come back to hurt you.

Law

Indian Contract Act 1872, sections 182 to 238 (agency); Powers of Attorney Act 1882; Registration Act 1908, sections 18, 32 and 33; Indian Stamp Act 1899 as applicable in each state (Article 48, power of attorney).

Who can give a GPA

Any adult of sound mind who owns or has an interest in the property, and companies, LLPs, firms, banks, trusts and societies through authorised signatories.

Where it is executed

On e-stamp paper; authenticated or registered at the Sub-Registrar, or notarised; if abroad, before an Indian embassy or consulate or a notary with apostille.

Stamp duty

Fixed by state law and depends on the powers and the relationship; a GPA to sell immovable property for consideration or to a non-relative can attract much higher duty. Check the current schedule.

Time limit

None for execution. A GPA signed abroad must be stamped in India within three months of first being received here.

What a GPA does not do

It does not transfer ownership. A registered sale deed is needed for that (Suraj Lamp v State of Haryana, 2011).

What a GPA is and when you need one

A GPA appoints an agent to do a range of acts for you, as opposed to a special power of attorney (SPA), which authorises one act or one transaction, such as signing a particular sale deed or appearing in a particular case. The line between the two is not always sharp. What matters is what the document actually authorises, because courts read powers of attorney strictly: an agent has only the powers expressly given and those reasonably necessary to carry them out (section 188, Contract Act).

Use a GPA when someone has to look after the property over a period: collect rent, sign leases, pay taxes and bills, deal with the society, the development authority and the municipal body, apply for mutation or conversion, and appear in cases. Use an SPA when you want a single act done, such as executing a sale deed to a buyer you have already chosen at a price you have already agreed. Many owners need both: a GPA for management and a separate SPA for the sale when it comes.

A GPA is not a way of selling property. Delhi and NCR had decades of GPA sales, in which buyers paid the price and took an irrevocable GPA, an agreement to sell and a will instead of a sale deed. The Supreme Court held in Suraj Lamp and Industries v State of Haryana (2011) that these transactions do not convey title. If the intention is to transfer ownership, draft and register a sale deed.

The law behind a property GPA

What a well-drafted property GPA contains

Start with identity. Full names, parentage, addresses, PAN and Aadhaar or passport numbers of the principal and the agent, with photographs. For a company, LLP, bank or society, the registered office, CIN or LLPIN, and the board or partners' resolution authorising the GPA and the signatory. Vague identity is the most common reason Sub-Registrars and banks reject GPAs.

Describe the property as precisely as the title deed does: property number, floor, area, khasra or plot number, block, sector, colony, village and tehsil, boundaries, and the title document by which you hold it with its registration details. Where the GPA covers several properties, schedule each one separately. A GPA that says 'all my properties in Delhi' invites argument about what was intended.

Then list the powers, each in its own clause, and attach the limits to the power they qualify. Typical powers are: to manage and maintain; to let out and sign leases and leave and licence agreements up to a stated term; to collect rent and give receipts; to pay taxes, bills and maintenance; to apply for mutation, conversion, sanction, NOCs and completion or occupancy certificates; to deal with the society, builder or authority; to appear before the Sub-Registrar, revenue officers and courts; and, only where you intend it, to sell, mortgage or gift. Close with clauses on substitution, ratification, accounts, duration and revocation.

Key GPA clauses and what goes wrong with them

Giving the power to sell, mortgage or receive money

The power to sell is where a GPA can hurt you most, so draft it narrowly or leave it out. If you include it, say whether the agent can sign an agreement to sell, receive earnest money, execute and present the sale deed, and hand over possession, and add conditions: a minimum price or a price not below the circle rate plus a margin, prior written consent by email for each sale, and a requirement that the whole sale consideration be paid by banking channels directly into a named account of the principal. That last condition alone prevents most GPA frauds, because a buyer's lawyer will insist on it being followed.

A power to mortgage should name the purpose and, if possible, the lender and the maximum amount. Banks often have their own formats for GPAs to create equitable mortgages by deposit of title deeds; ask the bank for its format before you sign so that you do not have to execute twice. A power to receive money should say where it goes. A power to gift should almost never be in a general power; gifts are personal decisions and are better made by you directly.

When Advocate B.K. Singh drafts a GPA that includes a power to sell, he ties the price and the payment route into the same clause as the power itself, not into a separate clause that a buyer might not read. A condition buried at the end of a twelve-page deed protects nobody.

Revocable, irrevocable and coupled with interest

A GPA should normally be revocable, and should say so, along with the manner of revocation: by a registered deed and written notice to the agent. It ends automatically on the principal's death or unsoundness of mind (section 201), and it is worth saying so in plain words so that the agent and third parties cannot claim ignorance.

An irrevocable GPA is lawful only where the agent has a genuine interest in the property, such as a lender holding it as security, a developer holding it under a registered collaboration agreement, or a buyer who has paid in full and is waiting for a sale deed to be executed. In those cases the recitals must state the interest truthfully and the GPA should be read with the main agreement. Writing 'irrevocable' on a GPA given to a relative for free does not make it irrevocable, and it may confuse a court later about what the parties intended.

Do not draft a GPA to disguise a sale. Apart from Suraj Lamp, which denies such transactions any effect as a conveyance, stamp authorities in Delhi and UP treat a GPA authorising sale for consideration much like a conveyance for duty purposes, and the income tax department treats such transfers as taxable. You save nothing and carry all the risk.

Stamp duty, notarisation and registration

A GPA is executed on e-stamp paper bought in the state where it is to be used. In Delhi, UP and Haryana, a GPA given without consideration for management purposes attracts a modest fixed duty. A GPA authorising sale of immovable property, especially when given for consideration or to someone outside the close family, can attract duty at or near the rate for a conveyance on the market value. The schedules are different in each state and change from time to time, so check the current rate before you buy the e-stamp; underpaid instruments can be impounded and penalised.

For a principal living in India, a GPA that will be used to present documents for registration should be authenticated by the Sub-Registrar under section 33 of the Registration Act; most Sub-Registrars in Delhi NCR will not accept a sale deed presented by an attorney holding only a notarised GPA. Registration of the GPA (as opposed to authentication) is optional in most cases, but registration gives a public record, and some states and authorities insist on it for powers relating to sale. For GPAs used only for management, society work or appearing before offices, a notarised GPA is often enough, though banks and development authorities may ask for registration.

The principal, the agent (often required) and two witnesses attend the Sub-Registrar office with original ID. Photographs and thumb impressions are taken. If the principal is ill and cannot travel, the Registration Act allows the Sub-Registrar to attend at the residence on application and payment of the prescribed fee.

How a GPA is drafted and executed

The order below works for most property GPAs in Delhi, Noida, Ghaziabad and Gurugram.

1. Decide what the agent must be able to do

   List the tasks in plain words before anyone drafts: collect rent, sign a lease, get mutation done, sell flat 402 for not less than a stated amount. This list becomes the powers clause, and anything not on it should usually stay out.

2. Collect the title and identity papers

   Gather the title deed, allotment or conveyance papers, latest tax receipt, khatauni or jamabandi for agricultural land, and ID and photographs of principal, agent and witnesses. For companies and LLPs, get the board or partners' resolution.

3. Check what the receiving office expects

   Banks, development authorities, societies and the Sub-Registrar may each have a format or minimum requirements. Ask in advance; a GPA that the bank rejects means a second execution and a second stamp duty.

4. Draft and review

   Prepare the draft with recitals, property schedule, separate powers clauses, limits attached to each power, substitution, accounts, duration and revocation. Read it as if you were a dishonest agent looking for gaps, then close them.

5. Pay stamp duty

   Buy e-stamp paper of the correct value in the right state, in the principal's name. For a GPA signed abroad, have it stamped in India within three months of receipt.

6. Execute and authenticate or register

   Sign before the Sub-Registrar for authentication or registration, or before a notary where that is enough. Abroad, sign before the Indian embassy or consulate or a notary with apostille.

7. Hand over and keep records

   Give the original to the agent, keep a certified copy, and diarise a date to review the GPA. Tell the society, tenants or authority in writing that the agent is authorised and up to what limits.

GPAs signed by NRIs and people abroad

An NRI or OCI can sign a GPA before an Indian embassy or consulate, which will attest it, or before a local notary and then have it apostilled if the country is a party to the Hague Apostille Convention, as India is. Section 33 of the Registration Act recognises powers of attorney authenticated by a notary, court, magistrate, Indian consul or Central Government representative where the principal lives outside India, so a properly attested GPA can be used before Sub-Registrars here.

Once the document reaches India, it must be stamped within three months, usually by paying the duty through e-stamping or before the Collector of Stamps, and then, where required, lodged or registered. Some Sub-Registrars ask for the original passport copy and visa or OCI card. If the GPA authorises sale, check FEMA and income tax requirements for the sale itself: the buyer will need to deduct tax at source at the rates applicable to non-residents, and repatriation has its own rules.

For NRIs the safest pattern is a management GPA to a trusted relative with no power to sell, and a separate SPA executed only when a buyer and price are fixed. That way the person in India never holds an open power to sell while you are thousands of kilometres away.

Company, LLP, bank and society GPAs

A company appoints an attorney by a document executed under its common seal, if it has one, or by an authorised signatory as its articles allow (section 22, Companies Act 2013), backed by a board resolution naming the attorney and the scope. An LLP acts through its designated partners as the LLP agreement provides. A partnership firm acts through partners with authority under the partnership deed. Attach a certified copy of the resolution to the GPA; Sub-Registrars and authorities routinely ask for it.

Corporate GPAs should name the officer by designation as well as name, and say that the authority ends automatically when the officer leaves the post. Startups and growing companies often forget this, and a former employee holding a valid-looking GPA can do real damage. Banks and NBFCs commonly execute GPAs in favour of branch managers and recovery officers to sign plaints, applications before the DRT, SARFAESI notices and possession papers; these should be renewed on transfers and kept in a register.

Cooperative housing societies and RWAs act through their managing committees under their bye-laws; a GPA by a society to its secretary should follow a committee resolution. Trusts act through trustees, and the trust deed may require all trustees to sign. In each case the person drafting should read the constitutional document first, because a GPA signed without authority binds no one.

How drafting differs by property type

For a flat or penthouse in a builder project, the GPA must allow dealing with the builder: taking possession, signing the conveyance deed, paying dues, applying for transfer or endorsement, and dealing with the maintenance agency and RWA. For a cooperative society flat, membership transfer needs the society's approval, so the GPA should authorise applications to the society and the Registrar of Cooperative Societies.

For leasehold property from DDA, L&DO, Noida Authority, Greater Noida Authority, YEIDA or GDA, include powers to apply for conversion to freehold, mutation, transfer permission, mortgage permission and lease extension, and to pay transfer charges. Industrial plots in Noida and Greater Noida also need powers to deal with the authority's industrial department, the pollution control board for consents, and the electricity and fire departments. For hospitals, hotels and resorts, include powers relating to licences that are tied to the premises, but think carefully before giving licence powers to someone outside the business.

For agricultural land, the GPA should cover the revenue office: mutation before the Tehsildar, partition or demarcation proceedings before revenue courts, and dealing with crop records. In UP, transfers of agricultural land are subject to the UP Revenue Code 2006; in Delhi, the Delhi Land Reforms Act 1954 restricts transfers and use. A plot in a Lal Dora or abadi area has no regular title chain, so the GPA should describe the property by every available identifier, including house tax records and neighbours.

GPAs for litigation and dealing with authorities

An attorney holder can sign and verify pleadings, engage advocates, file and receive documents and appear for the principal in court where the GPA gives that power; Order 3 rules 1 and 2 of the CPC recognise holders of powers of attorney as recognised agents. The attorney cannot argue the case as an advocate, and can give evidence only about facts within the attorney's personal knowledge; a son who did not witness a transaction cannot depose about it in place of the father. Draft litigation powers with that limit in mind, and keep the principal available to give evidence on the main facts.

Give a power to compromise only with limits, for example 'subject to the principal's prior written consent', because a compromise decree is very hard to undo. Before RERA, consumer commissions, revenue courts, the DRT and tribunals, an authorised representative may need the GPA plus a separate authorisation letter or vakalatnama signed under it.

For authority work (mutation, property tax, sanction plans, NOCs, completion and occupancy certificates, electricity and water connections), list the authorities by name. Officers are cautious and reject GPAs that only say 'all government departments'.

Development and collaboration GPAs between landowners and builders

When a landowner gives land to a builder for development in return for flats or a share of revenue, the builder usually needs a GPA to apply for sanctions, deal with authorities and sign sale deeds for the builder's share. This GPA should be drafted with the development or collaboration agreement, not on its own. It is often irrevocable for good reason, because the builder has an interest, but it should be limited to the builder's share of the built-up area and should not allow sale of the landowner's share.

Register both the development agreement and the GPA where state law requires, pay the correct stamp duty (development agreements attract their own duty), and tie the GPA to milestones: if the builder does not start construction or obtain sanction by a date, the power over unsold area should end. For projects registered under RERA, the promoter's obligations under the Act, including the separate account for 70% of collections, sit on top of the agreement, and landowners can be treated as promoters to the extent of their share.

Checklist before signing a GPA

• Is a GPA needed, or will a special power of attorney for one act do?
• Does the property description match the title deed exactly?
• Is each power listed separately, with its own limits?
• If there is a power to sell, is there a minimum price and a rule that money goes only to your account?
• Is substitution of sub-attorneys barred or limited?
• Is there a fixed duration or review date?
• Does it say it ends on your death and can be revoked by registered deed?
• Has the bank, authority or society confirmed it will accept this format?
• Is the stamp duty correct for the state and the powers given?
• Will it be authenticated or registered under section 33 if documents are to be presented for registration?

Documents needed for drafting and executing a GPA

Common GPA drafting mistakes

• Copying an internet format. Generic formats give every possible power to the agent, including sale and gift, and are drafted for no particular property.
• Giving a power to sell when only management was needed. Most GPA misuse cases begin with a sale power that was never meant to be used.
• Leaving payment open. If the deed does not say where sale money goes, the agent can take it in cash or into his own account.
• Unlimited substitution. A chain of sub-attorneys makes it almost impossible to know who is dealing with your property.
• Wrong stamp duty. An understamped GPA can be impounded when produced before an authority or court, causing delay and penalty.
• Notarising when authentication was needed. A sale deed cannot be presented on a merely notarised GPA in most Delhi NCR offices.
• Not telling anyone when it ends. A GPA that has served its purpose should be revoked formally, not just forgotten.

Cost, time and what to do this week

A management GPA can usually be drafted, stamped and authenticated within a week in Delhi NCR, depending on Sub-Registrar appointments. A GPA from abroad takes longer because of attestation, courier and stamping in India. Costs are the stamp duty and registration fee fixed by the state and professional fees; a GPA authorising sale for consideration can carry substantial duty, so get the duty worked out before you sign. We do not quote fee figures.

This week, write down exactly what you want the agent to do and what you do not want done. Collect the title papers and IDs, and ask the bank, society or authority what format they accept. If the GPA is meant to support a sale, think again about whether a registered sale deed, or an SPA for that one sale, is the right document.

Related pages: special power of attorney drafting for a single transaction, power of attorney drafting in general, cancelling a GPA that is no longer needed, stamp duty advice for property documents, e-stamp paper assistance, Sub-Registrar appointment support, sale deed drafting when you mean to transfer ownership, title verification before any transaction and freehold conversion of leasehold property.

If you want a GPA drafted or an existing draft checked before you sign, the team of Advocate B.K. Singh at Legals365 can review it and tell you the next step: talk to a lawyer.

Residential property: what changes

Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.

The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.

Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.

Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.

A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.

Frequently asked questions

What is the difference between a GPA and an SPA?

A GPA authorises a range of acts over a period, such as managing, letting and dealing with authorities. An SPA authorises one act or one transaction, such as signing a particular sale deed. For property, a management GPA plus a separate SPA for any sale is usually safer than one wide GPA.

Does a GPA transfer ownership of property?

No. A GPA only appoints an agent; ownership passes only by a registered sale deed or other registered conveyance. The Supreme Court said so clearly in Suraj Lamp v State of Haryana (2011).

Is registration of a GPA compulsory?

In most cases registration is optional, but a GPA used to present documents for registration must be authenticated under section 33 of the Registration Act. Some states and authorities insist on registration for GPAs relating to sale. Check the rule in the state where the property is.

How much stamp duty is payable on a GPA?

It depends on the state and the powers given. A management GPA without consideration attracts a small fixed duty, while a GPA authorising sale for consideration or to a non-relative can attract duty close to that on a conveyance. Check the current state schedule before buying the e-stamp.

Can an NRI make a GPA from abroad?

Yes. Sign it before an Indian embassy or consulate, or before a notary with apostille, and have it stamped in India within three months of receipt. Then authenticate, register or lodge it as the receiving office requires.

Can the attorney holder give evidence in court for me?

Only about facts within the attorney's own knowledge. The attorney can sign pleadings and appear as a recognised agent, but cannot depose in place of the principal on facts only the principal knows. Keep that in mind when choosing the attorney for litigation.

Can the agent appoint someone else under my GPA?

Only if the GPA allows substitution (section 190, Contract Act). Most owners should bar it or allow it only with written consent. Unlimited substitution is a common source of fraud.

Should a GPA be irrevocable?

Only where the agent has a genuine interest in the property, such as a lender, a developer under a collaboration agreement or a buyer who has paid in full. Otherwise keep it revocable and say how it can be revoked. Calling a free GPA irrevocable does not make it so.

Will a bank accept my GPA?

Banks often have their own formats and may insist on registration. Ask the bank for its requirements before you execute. Otherwise you may have to sign and pay stamp duty twice.

Can a company give a GPA for property?

Yes, through a board resolution and execution under its common seal or by an authorised signatory as its articles allow. Name the officer by designation and provide that the power ends when the officer leaves. LLPs act through designated partners.

Does a GPA end when I die?

An ordinary GPA ends automatically on the principal's death. A GPA coupled with the agent's interest survives. Saying this expressly in the deed helps avoid later disputes.

Is a notarised GPA valid?

A notarised GPA is valid for many purposes, such as management and dealing with some offices. But most Sub-Registrars in Delhi NCR will not accept documents presented for registration under a merely notarised GPA. For that, get it authenticated or registered.

Should I go to RERA or the consumer commission against my builder?

You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.

Can my son be evicted from my house if he harasses me?

In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.