Civil Procedure Code (CPC)

Selling Property

This query is : Resolved 
 

(Querist)
26 July 2011

Hi Experts,
My friend has executed GPA in favour of Y person long back. Now can my friend sell the property which is stands in his name ? Or the Power of Attorney holder has only right to sell the property ? please advise


Sajeev Menon (Expert)
26 July 2011

Hi,

You have to go through the contents of the power of attorney. Normaly power of attorney is meant to give power/authority to some one to do or execute something in the absence of the P.A executor. The Power of attorney does not make the executor lose his rights.

Naveen Kumar (Querist)
26 July 2011

Tnx Mr.Sajeev for your quick reply, OK In the said GPA my friend has stated and empowered him to sell/lease/mortgage the property in favour of any person. Bt, now my friend's friend is not at all bother to sell the property or he has not constructed house on there and still the property is in my friends name

R.Ramachandran (Expert)
26 July 2011

Hope the GPA granted by your friend is a registered one and also a revokable one.
Your friend has to revoke the Power of Attorney and get the Revokation registered. Your friend after such revokation has to inform his friend "Y" through Registered Ack. due about such revokation of the GPA.
Thereafter, your friend will be in a position to sell the property himself without anybody acting as a Power of Attorney for him.

N. AKSHAY BERI (Expert)
26 July 2011

POWER OF ATTORNEY IS GIVEN ONLY FOR A SPECIFIC PURPOSE THAT IN THE ABSENCE OF THE EXECUTOR THE ATTORNEY HOLDER CAN PERFORM SUCH FUNCTIONS MENTIONED IN THE SAME. IT DOES NOT MEAN THAT THE EXECUTOR HS LOST ALL HIS RIGHTD. HE CAN SYILL VERY WELL EXECUTE/SELL HIS PROPERTY.

Ajay Bansal (Expert)
27 July 2011

Agreed with Sanjeev Menon above.

Naveen Kumar (Querist)
27 July 2011

Tnx for all, as per the advise of Mr.Menon & Beri can my friend sell the property without knowledge of his friend [ GPA holder ]

prabhakar singh (Expert)
28 July 2011

if the GPA is revocable and no sale about the property desired has been executed so far BUT WITH A CARE THAT IF TWO SALE DEEDS ARE EXECUTED ON THE SAME VERY DATE ABOUT THIS VERY DESIRED PROPERTY,ONE BY GPA,THE OTHER BY
ORIGINAL OWNER,THE DEED EARLIER IN TIME OF EXECUTION,SHALL HAVE THE FORCE IN LAW.

BEST WAY OUT IS TO LET SALE DEED BE EXECUTED BY OWNER AS VENDOR AND GPA SIGNS IT AS A WITNESS BEFORE REGISTRAR.



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