A Power of Attorney (PoA) authorises one person to act for another. For property in Karnataka it appears in two forms: a General Power of Attorney (GPA) that covers managing, letting, and sometimes selling a property, and a Special Power of Attorney (SPA) that covers one named act — signing one sale deed, presenting one document for registration. Neither transfers ownership. The owner stays the owner until a deed of conveyance is registered.
That sentence is the whole subject. The "GPA sale" — paying the price and taking a GPA instead of a registered sale deed to save stamp duty — was declared by the Supreme Court in Suraj Lamp (2011) to convey no title, and Karnataka's registration practice follows it. What remains legitimate is a PoA used to *execute* a proper sale, typically by an NRI or an elderly owner. This guide covers the two instruments, registration and stamping, the NRI route, and the buyer's checks.
GPA vs SPA
| General Power of Attorney (GPA) | Special Power of Attorney (SPA) | |
|---|---|---|
| Scope | Broad: manage, let, collect rent, sign, and — only if the deed says so — sell | One act or one transaction named in the deed |
| Typical use | Owner abroad or unwell; agent runs the property | Owner cannot attend one registration; agent signs that deed |
| Risk to the owner | High: a sale power in a GPA can be misused | Low: exhausted once the act is done |
| Registration | Required when it authorises sale or any transfer of immovable property | Required when it authorises execution or presentation of a registrable deed |
| Ends | On revocation, death of either party, or the period stated | On completion of the act, revocation or death |
When a PoA must be registered, and how it is stamped
A PoA that authorises the agent to sell, gift, mortgage or otherwise transfer immovable property must be registered at the sub-registrar office; an unregistered one will not be accepted to execute the deed. A PoA limited to management or to presenting a document does not strictly need registration, but registered is what every bank and buyer will insist on, so register it.
Stamp duty on a PoA in Karnataka depends on what it authorises and to whom. A PoA to a family member for management carries a fixed, modest duty; a PoA authorising sale to a non-family attorney — particularly with consideration — is charged as a conveyance under the Karnataka Stamp Act, which is precisely what killed the GPA-sale arbitrage. Kaveri computes the duty for the instrument at pre-registration; do not assume the fixed amount applies.
A PoA executed outside India must be signed before the Indian consulate or notarised and apostilled there, then stamped (adjudicated) in India within three months of receipt before it can be used or registered here.
Why a "GPA sale" gives no title
In Suraj Lamp & Industries v. State of Haryana (2011) the Supreme Court held that a GPA, an agreement to sell and a will — the standard "GPA sale" bundle — do not, singly or together, transfer title in immovable property. Only a registered conveyance does. The Court allowed that a genuine PoA may be used to execute a sale on the owner's behalf, which is the legitimate use, and directed registrars not to register transfers that rely on the bundle.
The practical consequences in Karnataka: a person holding a GPA can sign a sale deed for the owner, and the buyer gets title from that registered deed — but the buyer gets nothing from the GPA itself. If the owner dies before the sale deed is registered, the GPA lapses and the deal is off. If the owner revokes it, likewise. And an old GPA-sale in the property's chain is a defect in title that the EC will show as a PoA registration with no conveyance behind it.
The NRI seller: how the legitimate route works
- 1The NRI owner executes a PoA — ideally an SPA for the specific sale — before the Indian consulate, naming a trusted attorney in Karnataka and describing the property by survey or site number.
- 2The document is couriered to India and adjudicated for stamp duty at the district registrar within three months of arrival.
- 3The attorney presents it for registration at the SRO, with the owner's identity proof and the consular attestation.
- 4The attorney then signs the sale deed "for and on behalf of" the owner; the registered PoA number is recited in the deed and a copy is annexed.
- 5Sale proceeds go to the owner's NRO account; the attorney has no claim to them and the deed says so.
Buyer's checklist when the seller signs through a PoA
- 1Get a certified copy of the PoA from Kaveri and read it: does it expressly authorise sale of *this* property, with power to receive consideration and present for registration?
- 2Confirm it is registered, and that the registration is at an SRO with jurisdiction — a PoA registered elsewhere for property here is a red flag.
- 3Verify the principal is alive and has not revoked it: a recent video call with the owner, and a search of the EC for a registered revocation deed.
- 4Check the principal's identity and ownership independently: RTC column 9 or the khata, and the EC, must show the principal, not the attorney.
- 5Pay the consideration to the principal's account, not the attorney's, unless the PoA expressly permits the attorney to receive it — and even then prefer the owner's account.
- 6Have the deed recite the PoA (registration number, SRO, date) and annex a copy; the sub-registrar will otherwise refuse it.
Where PoA transactions go wrong
- A GPA that authorises "management" being used to sign a sale — void, and the SRO usually catches it, but not always.
- The principal dies between the PoA and the sale deed; the attorney signs anyway. The deed is void and the heirs will say so.
- A revoked PoA reused because the buyer never searched for the revocation.
- An attorney selling to himself or a relative at a fraction of guidance value; this is voidable and banks refuse to lend against it.
- An old "GPA sale" three links back in the chain, never regularised by a conveyance from the original owner's heirs.
Frequently asked questions
Is a GPA sale legal in Karnataka?
A GPA can be used to execute a registered sale deed on the owner's behalf; that is legal. Treating the GPA itself as the sale — paying and taking the GPA instead of a deed — conveys no title, per the Supreme Court in Suraj Lamp (2011), and Karnataka registrars will not register a transfer built on it.
Does a power of attorney for property need to be registered?
If it authorises sale, gift, mortgage or any transfer of immovable property, yes — and the SRO will not accept a deed executed under an unregistered one. Management-only PoAs need not be, but should be.
What is the difference between GPA and SPA?
A GPA is general — a bundle of powers over the property, sometimes including sale. An SPA is for one named act, such as signing one sale deed, and dies when that act is done. For a sale, an SPA is the safer instrument for everyone.
Can an NRI sell property in Karnataka through a PoA?
Yes. The PoA is executed before the Indian consulate abroad, adjudicated for stamp duty in India within three months, registered at the SRO, and the attorney then signs the sale deed for the owner.
Does a PoA end when the owner dies?
Yes, automatically. Any deed the attorney signs after the principal's death is void even if nobody knew. That is why buyers verify the principal is alive close to the registration date.
How do I check whether a PoA has been revoked?
Revocation of a registered PoA is itself registered; search the Encumbrance Certificate for the property and, where possible, the SRO index for a revocation deed by the principal. A recent direct confirmation from the principal is the practical check.
Also searched as: power of attorney property karnataka · gpa sale karnataka · gpa vs spa · registered gpa karnataka · nri power of attorney property sale india · gpa property is it safe
This guide is general information about Karnataka land records, not legal advice. Records, fees and procedures change. Verify the current position for your specific property with the relevant department before acting on anything here.