Ravi Chaturvedi (AM Logistics) 10 July 2023

General power of attorney

The parents of my cousin have purchased an LIG flat during the year 1996. The sale agreement was done on the name of my aunt with a special power of attorney. However, my uncle had the general power of attorney for the same flat. The registration of the property was never done.

The aunt got demised in the year 2007 and now due to family dispute, my uncle is putting pressure on my cousin to vacate the flat. The stand of my uncle is that he holds the general power of attorney and is the owner of the flat.

Is the claim of my uncle legally valid and can he evict his son from the flat?

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9 Replies

Abhinav Kumar 10 July 2023

Once the Principal that is the Person making the POA in favour of someone dies then the POA becomes Invalid.

T. Kalaiselvan, Advocate (Advocate) 11 July 2023

On the death of the principal, the power of attorney deed stands automatically cancelled.

He has no authority to ask you to vacate. you can ask him to proceed legally which can be properly challenged.

Advocate Bhartesh goyal (advocate) 11 July 2023

Yes, on death of your aunt power of Attorney given by her to her husband stands automatically cancelled now the property rights devolved to her legal heirs.Your uncle had no right to evict his son on guise of poa.

1 Like

Dr. J C Vashista (Advocate ) 11 July 2023

Well analysed, opined and advised by learned experts, I agree and nothing more to add.

P. Venu (Advocate) 11 July 2023

The facs, as posted, lack clarity. Who is the principal who has given the PoA?

Ravi Chaturvedi (AM Logistics) 11 July 2023

Hello Sir's

I would like to clarify further that, there are 3 parties involved :

1) Party A (The seller)

2) Party B (The aunt)

3) Party C (The uncle)

Party A had the sale agreement with Party B along with Special Power of Attorney.

Party A had General Power of Attorney with Party C.

Party B is demised in the year 2007. There has been no agreement or power of attorney in between Party B and Party C ever.

Whether Party A is alive or not, it is not clear, it has changed its residence long back and not traceable now.

P. Venu (Advocate) 11 July 2023

To my understanding, GPA with or without sale agreement does not amount to a conveyance in terms of Transfer of Property Act.

Mr. Sumitra kumar (Advocate) 11 July 2023

Rephrase your question. My experience suggests that you are putting academic question here.

Thank you.

AGA ARVIND 12 July 2023

First of all the validity of this transfer of property transaction can be verified only when you find out whether the seller,(who is the property owner till date) is alive or not.If he is alive then only your uncle can atleast have a window opened up with the GPA ,inorder to create a right in the property.

At present the seller stays in the shoes of the Flat owner.

another pertinent legal messup lies hidden here, if the Seller is not alive as on date then the legal heirs of Seller can claim the property.