Cancellation of a gpa
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
Hi
I have given a GPA to one person as part of sale of my site in Bangalore. This GPA is not registered, but the same is notarised. As per the GPA, I have given all my rights related to my site to this person. Actually this GPA is part of my sale of the site to him. How ever he had given me a post dated cheque with value date of mone month ahead of the GPA date. But the cheque is not cleared. I spoke to him, he told me to present afet few days. Now it is almost five months and again I presented the cheque and the same is bounced again. Now He is not receiving my call and the cheque is valid only for another twenty days.
Please let me know how I can cancel the above said GPA. He is not receiving my call. Also He is not available in the address given in the GPA. He has shited his house and I do not have his new address.
request your suggestions on this.
Thank you all for the suggestion. How ever is it enough if I publish only in the news papers ??. Will the GPA automatically get cancelled ??. What will happen if the notice I sent is not reached to him ?.
Can he change the ownership of my site to his name or somebody else using only my GPA ?. I have not given him my other oroginal sal deeds. It is still with me. he has given me some money and the cheque is for 4,50,000.00. Will he misuse my GPA and sell my site to somebody else ??.
A V Vishal
(Expert) 28 November 2011
Send a notice u/s.138 for the cheque bounce and further give a public notification in two of largely circulated newspapers one in the regional language and the other in english announcing the cancellation of the gpa and cautioning the general public against dealing with the property in any manner.
Arun Kumar Bhagat
(Expert) 28 November 2011
You have to give a registered Post notice to the attorney and also to publish in newspaper also stating that you have cancelled the Power of Attorney. On the basis of notarised POA he will not be able to sell the property.
Querist :
Anonymous
(Querist) 28 November 2011
Thank you all for the suggestion. How ever is it enough if I publish only in the news papers ??. Will the GPA automatically get cancelled ??. What will happen if the notice I sent is not reached him ?.
Can he change the ownership of my site to his name or somebody else using only my GPA ?. I have not given him my other oroginal sale deeds. It is still with me. he has given me some money and the cheque is for 4,50,000.00. Will he misuse my GPA and sell my site to somebody else ??.
How much time it will take to cansel my GPA ??.
prabhakar singh
(Expert) 28 November 2011
With respect to sale of immovable property any NOTARIZED POA is nothing but a WASTE paper with regard to authorization of sale of
any immovable property,hence cancellation publication as well as notice of cancellation [served or not] is sufficient,the publication should however be in the news paper having circulation where property situate.
Even if he succeed in selling some one the sale shall not be legal or binding on you.
No prudent buyer shall buy it from him.And one who shall buy shall loose his money for which you shall
not be liable.
niranjan
(Expert) 28 November 2011
Cancel the GPA as advised above and give notice in paper about selling your property and invite objections,this will induce him to file objection.
Rajeev Kumar
(Expert) 28 November 2011
Issue the notice through your advocate that you have cancelled the notarised POA to him and publish it in local newspaper by publising you will get the benefit that no person of that locality will buy the land from him. Though notarised POA have no specific value in the eye of law. Also file a suit under 138 NI ACT and in the section of IPC
adv. rajeev ( rajoo )
(Expert) 29 November 2011
Issue paper publication regarding cancellation of power of attorney and send the same to the person in whose name PA is executed along with cancellation notice.
Devajyoti Barman
(Expert) 29 November 2011
If the GPA is for the befit of the agent as well in terms of a business deal, then the GPA can not be revoked at the sweet will of the principal.
Shailesh Kr. Shah
(Expert) 29 November 2011
You should also inform Sub-registrar office for cancellation of POA.
Raj Kumar Makkad
(Expert) 29 November 2011
Principal can revoke GPA as and when required and he is required only to send a notice to the GPA holder about his decision and further not to use that GPA as the same stands cancelled. GPA notarized for business dealings is not bad in law.
