agreement of sale/irrevocable gpa

Querist : Anonymous (Querist) 02 December 2010 This query is : Resolved
Market value paid. An agreement of sale cum irrevocable gpa was obtained.Buyer signed in the agreement of sale to represent the seller in all legal matters.The agreement of sale also has indemnity clause.
The said property has gone into litigation.The person who paid the market value and got a gpa is unable to use or sell the property
Now the person who has the GPA is threatening to take criminal action against the seller. after all he is a gpa holder. can he take criminal action against the person who gave the gpa.

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adv. rajeev ( rajoo ) (Expert) 02 December 2010
Owner of the property is not liable if GPA holder unable to sell the property. GPA holder cannot initiate any criminal action against the owner of the property. GPA holder is an agent of the principal owner. Any act done by the GPA holder binds on the Principal owner.

Devajyoti Barman (Expert) 02 December 2010
Yes and your query is also not clear as to how the GPA holder can sue the principal. Spill out all the facts.

Advocate Bhartesh goyal (Expert) 02 December 2010
yes,GPA holder can initiate criminal proceedings against seller if he didn't disclose and suppressed the true facts.Why the property in litigation?you have not clarified.It creats doubt.

s.subramanian (Expert) 02 December 2010
An irrevocable GPA creates an agency coupled with interest under Sec.202 of the Indian Contract Act. It cannot be terminated or breached unilaterally by the principal. If the agent has suffered any loss the principal is liable to compensate. A civil suit alone lies. No criminal case can be made out.

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