Spa

Querist : Anonymous (Querist) 16 January 2012 This query is : Resolved
i purchasd a property from X . the entire consideration was paid to him . X was bachelor . X expired in 2004 . Now the five chilgren of his real brother are claiming to be his LR's . four children have executed relinquishment deed in favor of the fifth sibling "A" . A have received some more money from me and has given the NOC in my favour . Some formalities are pending with the authorities in respect to that property for which "A" has executed/registered with the SR , an irrevocable SPA in favour of my brother on my behest . "A" have also executed an irrevocable SPA for the sale/transfer of the said property to any third party oon behalf of "A" .

1. Do the SPA holder have the legal right to sell the said poroperty .

2. Will the sale by the SPA holder be legally valid .

3. Can the "A" revoke the SPA in future ?

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Querist : Anonymous (Querist) 16 January 2012
"A" have executed the SPA for the sale/ transfer of the said property to some third party in favour of my brother .

Deepak Nair (Expert) 16 January 2012
1. A registered SPA gives power to the attorney to transfer property on behalf of the owner.

2. Sale by the SPA is legally walid.

3. Since it is a Special Power of Attorney for transfer of the said property, this POA does not have any effect after the transfer of the property as the owner loses his right on the property on transfer.