Dear Sir,

I had purchased a vacant site from GPA holder (assume X), the X had registered GPA cum Sale agreement from Z, he paid all the amount to Z and I purchased from X and paid all the agreed amount and registered in my name.

Recently I approached a banker for a loan and gave this documents as surity and the banker referred the same to his panel lawyer.

The panel lawyer said the everything is ok with the site and documents and asked me to produce a Affidavit duly signed by the first seller Z (the person who gave GPA cum SALE).

In the Affidavit the matter contains "the GPA cum SALE is agerrment is live and I am still alive".

Actually the person Z is alive and he is in abroad and we can't trace him.

Now my doubt are:

1. Is it necessary to produce that affidavit

2. what are the legal problems in future

pls guide me.

Regards,

P Prabhakar Varma

09347335155

Dear Mr.Verma, 

In my view such affidavit is not required for the simple reason that it is not a contract of agency whereby one person (here Z) appoints another as is constituted attorney to deal with property on his behalf. It is an out and out SALE, just disguised as a GPA cum Agreement to Sell. This kind of agency is irrevocable means the person cannot revoke it and it is not revoked even on his death, this is called as an agency coupled with interest. Hence since it is irrevocable and is meant as a sale - no affidavit is required. 

Try reasoning it out with the panel lawyer ! 

Feel free to talk !

i have similiar querry sir,   

One Mr.X along with his wife and son had executed a registered gereral power of attorney by taking consideration amount in favour of Mr.Y  one year back, and also all of them have signed an affidavit and receipt for having received amount. Recently the principal executant i.e., Mr.X had expired. Mr.Y had sold the property after the death of Mr,X without knowing that Mr.X had expired. I want to know what happens if son or wife of Mr.X makes any legal claim over the property stating that the sale had occurred after the death of Mr.X

i have similiar querry sir,   

One Mr.X along with his wife and son had executed a registered gereral power of attorney by taking consideration amount in favour of Mr.Y  one year back, and also all of them have signed an affidavit and receipt for having received amount. Recently the principal executant i.e., Mr.X had expired. Mr.Y had sold the property after the death of Mr,X without knowing that Mr.X had expired. I want to know what happens if son or wife of Mr.X makes any legal claim over the property stating that the sale had occurred after the death of Mr.X