Why a GPA or Agreement to Sell Does Not Transfer Property Title: An Illustrative Scenario

The situation below is a composite illustration, not an account of an actual client matter, and is used here only to show how the law applies to a common set of facts.

The illustrative scenario

The question

The question most people in this position want answered is:

How the general rule applies

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.

No. The Supreme Court has repeatedly held, most recently in Ramesh Chand v Suresh Chand (1 Sep 2025), that a GPA, an agreement to sell, and a will do not transfer ownership. A registered sale deed is generally required.

What often gets missed in situations like this

• 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.

As noted above, this scenario is a constructed illustration used to explain the general rule — it does not describe a real client, case, or outcome.

For the general rules, see Why a GPA or Agreement to Sell Does Not Transfer Property Title, Registration Is Not the Same as Clear Title, Documents to Review Before Buying Property, and Property Title Verification in India: What Due Diligence Covers.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.