Ancestral property

Querist : Anonymous (Querist) 30 March 2024 This query is : Resolved
My father filed partition suit in court and given gpa to a person,he sold the scheduled property under sale agreement cum gpa during (in 2006)pendency of suit.is that sale valid after final decree?

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T. Kalaiselvan, Advocate (Expert) 30 March 2024
The sale agreement or the GPA are not the valid title documents to confirm legally valid transfer from the owner to the prospective buyer.
Whether or not, your father can cancel the sale agreement and also the GPA even now, the buyer will be entitled to the refund of the amount paid by him.

Querist : Anonymous (Querist) 30 March 2024
Sir sale cum gpa done in 2006

T. Kalaiselvan, Advocate (Expert) 30 March 2024
If the principal is alive then he can very well cancel the deeds even now.

Querist : Anonymous (Querist) 30 March 2024
My father expired sir can i cancel the deed sir?

T. Kalaiselvan, Advocate (Expert) 30 March 2024
If your father has died then the power of attorney deed automatically stands cancelled. The sale agreement is not a title document, hence to get the sale deed executed on his name the buyer has to approach the seller without which the title to the property will not devolve on the sale agreement buyer.

Querist : Anonymous (Querist) 30 March 2024
Sir but supreme court judgement applicable after 2011 ?

kavksatyanarayana (Expert) 30 March 2024
No, a GPA holder and the owner of the land cannot sell properties of that land. In 2011, the Supreme Court of India ruled that the sale of property through a general power of attorney is not valid.

Querist : Anonymous (Querist) 30 March 2024
Sir is gpa valid before 2011?

T. Kalaiselvan, Advocate (Expert) 30 March 2024
Even though the GPA was executed long before 2011, you are trying to enforce it now hence it is not permissible nor the registrar will entertain any such deed.

Querist : Anonymous (Querist) 30 March 2024
Sir sale also done in 2006 only with registration

P. Venu (Expert) 31 March 2024
The posting suggests deeper issues. Please post complete facts instead of setting question paper.

Querist : Anonymous (Querist) 31 March 2024
Sir my last question is….should principal name mentioned in sale cum gpa?if not is it invalid?(sale done in 2006)

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