My uncle received a property through a registered General Power of Attorney (GPA) from a friend. Now, he wants to sell it to someone else. But we can’t find the original owner. Would the sale be valid without his signature? Can he sell it to his own child by paying stamp duty? Some say selling to family might not be valid since he’s just the GPA holder. The GPA document mentions he can sell to anyone, including family members. What’s the legal advice?

Apni Law
Apni Law
Law Forum › Category: Property › My uncle received a property through a registered General Power of Attorney (GPA) from a friend. Now, he wants to sell it to someone else. But we can’t find the original owner. Would the sale be valid without his signature? Can he sell it to his own child by paying stamp duty? Some say selling to family might not be valid since he’s just the GPA holder. The GPA document mentions he can sell to anyone, including family members. What’s the legal advice?
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Apni Law Staff asked 3 years ago

My uncle received a property through a registered General Power of Attorney (GPA) from a friend. Now, he wants to sell it to someone else. But we can’t find the original owner. Would the sale be valid without his signature? Can he sell it to his own child by paying stamp duty? Some say selling to family might not be valid since he’s just the GPA holder. The GPA document mentions he can sell to anyone, including family members. What’s the legal advice?

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Apni Law Staff answered 3 years ago

The sale may be valid if the GPA explicitly grants the power to sell and is properly registered. However, the absence of the original owner’s signature raises concerns and could create legal complications. Consulting a lawyer to assess the specific terms of the GPA and advise on the legality of the sale is crucial.

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