Reading: I bought a property in India through a General Power of Attorney (GPA) from my mother in 2012 while I was living overseas. The GPA hasn’t been cancelled in the Sub-Registrar’s Office (SRO) yet. I’m now back in India and want to sell the property. Should I sell it directly as the owner, or through my mother since the GPA is still active? Would selling without cancelling the GPA be legally valid? Is there any specific affidavit I need? Or, would my mother signing as a witness during the sale be enough to validate the transaction?

I bought a property in India through a General Power of Attorney (GPA) from my mother in 2012 while I was living overseas. The GPA hasn’t been cancelled in the Sub-Registrar’s Office (SRO) yet. I’m now back in India and want to sell the property. Should I sell it directly as the owner, or through my mother since the GPA is still active? Would selling without cancelling the GPA be legally valid? Is there any specific affidavit I need? Or, would my mother signing as a witness during the sale be enough to validate the transaction?

Last updated: August 25, 2025 1:15 pm

Apni Law

3 years ago

Law Forum › Category: Property › I bought a property in India through a General Power of Attorney (GPA) from my mother in 2012 while I was living overseas. The GPA hasn’t been cancelled in the Sub-Registrar’s Office (SRO) yet. I’m now back in India and want to sell the property. Should I sell it directly as the owner, or through my mother since the GPA is still active? Would selling without cancelling the GPA be legally valid? Is there any specific affidavit I need? Or, would my mother signing as a witness during the sale be enough to validate the transaction?

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Apni Law Staff asked 3 years ago

I bought a property in India through a General Power of Attorney (GPA) from my mother in 2012 while I was living overseas. The GPA hasn’t been cancelled in the Sub-Registrar’s Office (SRO) yet. I’m now back in India and want to sell the property. Should I sell it directly as the owner, or through my mother since the GPA is still active? Would selling without cancelling the GPA be legally valid? Is there any specific affidavit I need? Or, would my mother signing as a witness during the sale be enough to validate the transaction?

1 Answers

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Best Answer

Apni Law Staff answered 3 years ago

You should cancel the GPA at the SRO before selling the property. Selling directly as the owner without cancelling the GPA could be legally challenged. While your mother’s signature as a witness might be acceptable, it’s best to cancel the GPA and ensure a clear title for the buyer.