GPA & AGPA
Power of Attorney is a legal agreement that is executed between two entities. Power of Attorney is a legal document that can be executed when one person is ill or disable. Power of Attorney is valid till the Principal is alive and the principal’s mental health is well. Power of Attorney enables the holder to perform the duties of Principal as well as limited authority to make legal decisions.
What is GPA?
The full form of GPA is General Power of Attorney, and it can be transferred from a person to person when the person is unable to perform his/ her duties being away from the place where he/she has to perform the duty. In legal point of view, the person who issues GPA such person is called as Principal and the person who has the GPA that person is called as Agent. Legally, GPA can be issued only to the family members, close relatives, friends etc. such issued GPA is valid only till the principal is alive. The person intending to issue GPA, that person’s mental condition should be perfect while issuing the GPA otherwise the GPA will not be valid legally .
What is AGPA?
The full form of AGPA is Agreement of Sale cum General Power of Attorney, and it can be issued by a person to another person as the person is being away from the place where he/she has to perform the duties so, on behalf of his/her absence to perform their duties such person can issue a AGPA to another person to perform his/her duties. Legally, the person who issues AGPA such person is called as Principal and the person who has the AGPA that person is called as Agent. In Legal point of view, AGPA is only considered when it is issued only to the family members, close relatives, friends etc. such issued AGPA is valid only till the principal is alive. The person intending to issue AGPA, that person’s mental condition should be perfect while issuing the AGPA or else the person is not eligible to issue AGPA legally
What is SPA?
The full form of SPA is Special Power of Attorney, SPA is an agreement between two persons that enables one person to act on the behalf of other person. To understand it clearly let us consider an example, suppose you are staying in abroad and you want to perform your duties in India being in abroad in that case, you can initiate a SPA to your family members or friends or close relatives. Such initiated SPA enables the other person to perform your duties on behalf of you.
The person who initiates SPA that person is called as Principal, whereas the person who has the SPA that person is called as the Agent. SPA authorises the SPA holder to perform only limited duties under a restricted set of circumstances. SPA becomes ineffective if the Principal is expired or if the Principal is suffering from mental illness.
What Care should we take while purchasing a plot when the plot is in GPA/AGPA/SPA?
While purchasing a plot or else an agricultural land or any asset it is our sole responsibility to check and confirm all the documents perfectly. It is suggested that to take a legal opinion from a lawyer before buying a land or an asset. In the recent times, GPA, AGPA, SPA are the most common terms we are hearing in real estate especially from the last decade. While purchasing a residential plot, or a farmland or an agricultural land if we come across the GPA or AGPA or SPA i.e. the person who is selling the land or an asset that person is in GPA or AGPA or SPA with the actual owner of that plot or land or venture then, it is better to take a legal opinion if the GPA or AGPA or SPA holder decides to register the land on behalf of the actual owner.