Can general power of attorney holder get sale deed himself


party no. 1 was interested in a class II land. hence, party no. 1 purchased aforesaid land by only executing general power of attorney (with clasue of sell to himself / other after conversion of land into class I). After converting class II land into class I party no. 1 made sale deed in his name by himself (or say being a GPA holder). Is party no. 1 legal ower of said property now. If yes, then please provide related judgements........... urgently needed in my case.

 

 
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Business

A person can't be both buyer and seller of the same item at the same time. So, to my mind, the GPA is flawed to begin with.
 
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It is not  invalid clause in the GPA and the GPA holder can execute a sale deed for him self  as it is not barred by any law. he is representing the attorney for the sale and he is purchasing for himself .

    

 
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Business

Well that is interesting - would appreciate case citation if any, thanks.

 

in Suraj Lamps vs State of Haryana it has been held that a GPA can be taken as a sales agreement but parties will still have to get registered deeds of conveyance to complete title. so if A gave a GPA to B, to transfer title a deed of conveyance will have to be drawn between A and B. Although B could transfer to C on behalf of A. This is because an Attorney operates in a fiduciary capacity and can not use the PoA to benefit himself.....

 

This is how I understand it - am open to corrections, though.

 
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LEGAL MANAGER

http://www.lawyersclubindia.com/news/General-power-of-attorney-has-no-legal-sanctity-SC-13383.asp#.VCGWBFfDUz0

 
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