HYDERABAD: The Telangana government is considering restricting the use of the general power of attorney (GPA) and special power of attorney (SPA) in registering properties to curb malpractices. Sources in the government said the registration and stamps department is working on curbing the provisions following chief minister K Chandrasekhar Rao’s directions.
Senior officials however said the move may face legal hurdles as some central Acts would have to be amended.
GPA is given to a person by a property owner to sell, mortgage, or lease on behalf of him or her and can be withdrawn at any time. SPA is given to a person to present documents, signed by the property owner to the sub-registrar, and complete the registration process, on behalf of the owner.
Officials said the CM is of the view that when a person irrespective of stature has to visit the passport office to get a passport, why should not a property owner visit the sub-registrar’s office to register properties. The issue came up for discussion during the meetings on registrations on non-agriculture properties as gullible people are being duped in the name of GPA and SPA and leading to legal disputes.
Officials said thousands of bogus GPAs have come to light. In some instances, GPA holders sold properties to multiple people. The R&S department had to cancel registrations after GPAs were found to be fake.
Senior officials however said select laws will have to be amended by the Centre to bring in the new norms. Among them are the Powers of Attorney Act, the Registration Act, the Indian Stamp Act, and the Indian Contract Act. At the same time, both GPA and SPA are useful for the aged, those with health issues, and non-resident Indians (NRIs), who give GPA to their parents and relatives.
“Since bringing amendments to the Act is a cumbersome exercise, the government is also thinking whether it can be banned or discouraged through an executive order as it did with the registration holidays (banning registrations since September 7),” a senior official of the chief minister’s office (CMO) said.
“If the government wants to curb the misuse of GPA and SPA, the powers of approval can be given to senior R&S department officials or involve multiple agencies as being done in deciding reducing government rates for land registrations under Section 47(A),” a district registrar of the R&S department said.
