Gpa

Neeraj Kaushal (Querist) 13 November 2011 This query is : Resolved
Sale through GPA is valid ,

elder brother given GPA to younger brother for sale of his land. Younger brother sold the property to his own son . whether this transaction can be challenged.

Follow Query

Report Abuse

ajay sethi (Expert) 13 November 2011
was the GPA registered? if younger brother had the power to sell the property through registered power of attorney then he has full authority to sell the property

Sailesh Kumar Shah (Expert) 13 November 2011
If gpa is registered and power to sell to anyone, transaction can't be legally challenged.

Devajyoti Barman (Expert) 13 November 2011
For what purpose does this GPA stand for?
If the duty and interest of the agent conflict with each other then the act of the agent is voidable at the option of the principal.

Arun Kumar Bhagat (Expert) 13 November 2011
I agree with all views.

Guest (Expert) 13 November 2011
it cannot be challenged.

Rajeev Kumar (Expert) 13 November 2011
I agree with above experts

Raj Kumar Makkad (Expert) 13 November 2011
I do agree with ajay only.

prabhakar singh (Expert) 14 November 2011
If it was a registered power of attorney with power to sale, the property sold by POA to his son is legal,no illegality in it.
on this account as a POA can even buy himself.

M V Gupta (Expert) 14 November 2011
The experts may please indicate the provision of law under which the GPA containing power to sell an immovable property is required to be registered. I am raising this issue because I have come across many transactions in which the GPA is not registered and the sale has been effected and the Sub Registrar has not raised any objection.

Sri Vijayan.A (Expert) 14 November 2011
Answer to the question of Author.
The sale by the agent to his son is valid, unless there is a restriction or condition in the GPA.

Sri Vijayan.A (Expert) 14 November 2011
Now, answer to Mr.Gupta,
The GPA was need not be registered. But many fraudulent transfers are taking place due to OR through the GPA. Hence, many States has introduced some restrictions in transfer thru GPA. One of such conditions is registration of GPA in the SRO concerned.

Kirti Kar Tripathi (Expert) 14 November 2011
I agree with above experts, the sale is valid unless there exist in GPA itself in this regard.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries