Chandigarh: Hundreds of Chandigarh property owners who acquired properties through general power of attorney (GPA) or special power of attorney (SPA) transactions before Supreme Court’s 2011 ruling could soon get relief, with UT administration finalising a policy to allow such legacy cases to be regularised.“The administration has prepared a policy for permitting transfer/mutation of properties covered by such pre-Oct 11, 2011 transactions and is awaiting approval of the competent authority,” said a senior UT official.More than 200 applications are pending with the Chandigarh Housing Board (CHB) and a similar number with the Estate Office, officials said. If approved, the policy could provide a route for these long-pending cases to be processed.Why old GPA transactions got stuckThe issue stems from Supreme Court’s October 11, 2011 judgment in Suraj Lamp & Industries Pvt Ltd vs State of Haryana, which held that an agreement to sell, GPA or Will arrangement by itself does not transfer ownership of immovable property. A registered conveyance deed is required to legally transfer title.The ruling also meant that GPA transactions could not, by themselves, form the basis for mutation in municipal or revenue records. Chandigarh subsequently tightened its procedures, making it clear that a GPA/SPA could not be treated as an instrument transferring title.This left people who had entered into genuine transactions before the ruling but had not completed the formal transfer process in a difficult position.“In practical terms, a person holding a property under a pre-2011 GPA may have possession and supporting documents but still face difficulty getting the property formally transferred in his or her name. This can hold up mutation and make subsequent sale or transfer difficult,” the official said.The administration had earlier provided for consideration of transactions entered into on or before October 11, 2011, through execution of a registered conveyance instrument. The proposed policy is intended to provide a clearer route for such cases.No opening for fresh GPA transfersThe proposed relief is expected to remain limited to transactions entered into before Supreme Court judgment. It would not permit fresh property transfers through GPA.For existing holders, the policy could allow old GPA-based transactions to be converted into legally recognised registered transfers, subject to the conditions, documentation and payments prescribed by the administration.The move could help families who have held properties for years but have been unable to update ownership records, while also easing subsequent transactions involving sale, inheritance or transfer.What the proposed policy could meanPre-October 11, 2011 GPA/SPA transactions could be considered for regularisation.Pending transfer and mutation cases could be processed under a common framework.Holders would likely have to execute registered conveyance/transfer documents.Stamp duty, registration charges and other applicable dues would remain payable.The relaxation would not permit fresh property sales through GPA.
