Is it fraud?

Anonymous (Querist) 26 August 2020 This query is : Resolved
Whether using general power of attorney(Registered)for transfer of title of property comes under fraud?
Title of Property transferred by A(wife)(GPA holder) to B (husband)
GPA was given by C(mother of B) to A(wife of b)

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This discussion delves into whether transferring property title using a registered General Power of Attorney (GPA) constitutes fraud. The core issue revolves around a mother-in-law granting a GPA to her daughter-in-law, who then transferred the property to her husband (the mother-in-law's son). While a GPA itself isn't inherently fraudulent, the validity of the transfer depends on the specific powers granted in the document and whether the transaction was conducted in good faith. A subsequent lawsuit filed by another son, alleging fraud and illegality after the mother's death, complicates the matter, raising questions about the intent and execution of the GPA and the transfer.

Dr J C Vashista (Expert) 26 August 2020
Title of the property can not be transferred on the basis of GPA (Registered/ unregistered).
However, GPA is not a fraud.

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Dr J C Vashista (Expert) 26 August 2020
You have made simple facts into complex and complicated.
Simply mother-in-law granted GPA in favour of daughter-in-law, isn't so ?
Accordingly transfer of title by C to A is invalid

Sudhir Kumar, Advocate (Expert) 26 August 2020
contents o the GPA matter.

Shilesh Patel (Expert) 26 August 2020
the title does not transfer to GPA but a registered GPA holder can sell the property according to his power in good faith of the titleholder according to Transfer of Property Act.

Rajendra K Goyal (Expert) 26 August 2020
GPA is given by mother to her daughter. No fraud.

Selling of property by GPA holder is to be seen as per the language / contents of the GPA.

krishna mohan (Expert) 26 August 2020
Normally GPA is given for sale to outside the family net since there is a better way of handling the property transfer within family. Without seeing the content and intent it is difficult to comment.

P. Venu (Expert) 26 August 2020
The posting suggests deeper issues. Please post complete facts and the real issue.

kavksatyanarayana (Expert) 26 August 2020
The GPA holder can transfer the property through sale deed only.

Anonymous (Querist) 27 August 2020
In the GPA 'C' has given power to sell the property (Specifically mentioned in GPA) to 'A' now if 'A'(GPA holder) is using it to transfer title to her husband 'B' ( C's Son) wherein 'C' is the one who has given the GPA to 'A' then whether the transfer is valid

Rajendra K Goyal (Expert) 27 August 2020
If power to sell is given and property transferred by sale, nothing seems to be irregular.

P. Venu (Expert) 27 August 2020
What is the reason for suspecting fraud? How was the transfer effected?

Anonymous (Querist) 27 August 2020
Sir now C has filed suit with backing of 'D' ( other Son with whom she was living)that the transfer is illegal by saying GPA is fraud committed by A & B and transfer is illegal
Note:GPA is registered one and it was registered in 2003
Subsequent to filing of this suit C died (after 4 months of filing)without coming to court at very preliminary stage of suit
A and B came to know about the suit and they want to know about the reason but at that time she was not well and subsequently she died due to old age (92 years)
Now,
All the case looks like to be filed by D placing C in front as he came to Court with a Will of C and claims that this property belongs to him ( noted that besides the present property C was not having anything in her name and she has given GPA to C for this property since 2003)

Case is very tricky and facts are not easy to understand Just wanna know in short that using GPA ( registered one and which contains power to sell also specifically) for selling with sale deed or transfer of title without any consideration is fraud or is illegal or is legal?

Rajendra K Goyal (Expert) 28 August 2020
When the GPA was executed and registered?

Whether the property was sold when the principal was alive?

Whether witness on GPA are alive?

Whether there is proof that the proceeds of sale were remitted to principal?

Case was filed in 2003, decision from lower court must be there, what are the findings?

P. Venu (Expert) 28 August 2020
Why you are posting facts in piece-meal? Please post the complete facts, highlighting the real issue, if any.

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