Why a GPA or Agreement to Sell Does Not Transfer Property Title

Here is a general overview of why a gpa or agreement to sell does not transfer property title under Indian law.

A reminder of the Supreme Court's settled position that a General Power of Attorney or agreement to sell does not make you the legal owner.

The legal position

In Ramesh Chand v Suresh Chand (1 Sep 2025), the Supreme Court reaffirmed its earlier ruling in Suraj Lamps: an agreement to sell, a General Power of Attorney, and a will, taken together or separately, do not transfer ownership of immovable property.

As a general rule, ownership of immovable property transfers only through a registered conveyance (typically a registered sale deed), except in specific statutory exceptions.

In most cases, a GPA can still validly authorise someone to act on an owner's behalf, for example to manage or sell property for them, but the authority to act is different from ownership itself passing to the holder of the GPA.

Typically, where property was transacted this way before Suraj Lamps was decided, the buyer in possession may still have certain protections, such as a right to resist dispossession, but this is a narrower protection than ownership and depends heavily on the specific facts.

Common pitfalls

A handful of issues come up repeatedly in practice.

• Buying property through a GPA-and-will arrangement believing it is equivalent to a registered sale deed — courts have repeatedly held it is not.
• Assuming a long-standing GPA-based 'sale' from years ago has since become valid simply through the passage of time.
• Treating a notarised GPA as a substitute for registration — notarisation does not have the same legal effect as registering a conveyance.
• Not checking whether the GPA itself was validly executed and is still in force, since a GPA can be revoked or can lapse on the grantor's death.

For related reading, see Registration Is Not the Same as Clear Title, Documents to Review Before Buying Property, and Property Title Verification in India: What Due Diligence Covers.

Where this applies to a live matter, it is usually worth discussing it in a consultation before acting.

This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.