A immovable property has been purchased in the year 1991 by a registered deed of sale and in the said deed of sale Vendor had been represented by a General Power of Attorney holder and the age of the said GPA during the deed of sale was 58 years and as on today he is no more. Original of the said GPA has been lost and not traceable. Now the then purchaser of the property want to sell the property to intending purchaser and the said purchaser now asking for a original of the said GPA. How to resolve this issue? Is there any rulings on the said subject matter?
10 July 2009
Mr bhat,if the said GPA is registered one, you can obtain a certified copy from the concerned registrar office and satisfied the said purchaser.if the said GPA was not registered and the said property is in your possession since 1991 on the basis of said sale deed. you can get declaration from the court on the basis of adverse possession.
Original GPA is not title Deed , to press for original GPA -It is Authorisation of the Owner to GPA to sell the proerty - The same was acted up on - A Certified copy of the Regd GPA is sufficient to conclude that there was proper authorisation by Owner to Agent to sell the proerty and accordignly sold .
I agree with the above opinions. Apart from you have to file a complaint nearest police statioin for lossing the original Power of Attorney and also issue a paper publication in the English/kannada News paper and then you can have certified copy of the GPA. This procedure is enough to reslove your problem.
13 July 2009
hi, your query is not clear. the gpa is registered or not? if it was not registered, it is very difficult and if it was registered one then you can obtain certified copy and immediately make a complaint before the concernend police authorities about your lost gpa. vr