Validity of delegation of powers
vincent
(Querist) 27 June 2012
This query is : Open
Dear sir a GPA executed on 09.01.1974 states as follows: "(1).To sell by private treaty or by any other mode convey or transfer by way of sale all or any of the immovable properties land, houses, vacant sites,building sites with all rights, title and interest there to any person or persons whether in block or separately for any condition so ever. (2) To execute any agreement for sale or sale deed or a other document necessary to effectuate the afore said purposes and to cause the same to be stamped registered or authenticated as the case may be. (3)To appear before any registrar or other authority for the purposes of the said sale or transfer. (4)To receive or agree to receive the consideration for the said sale or sales in respect thereof (5)to appoint any agent or agents on my behalf or as well as on behalf any other person jointly to cause the aforementioned properties to be sold. (6) To deliver possession of the property sold to the purchaser as the case maybe. (7) To purchase or otherwise acquire any movable or immovable property (8) and to do all lawful acts necessary for the aforesaid purposes" - these are the words of the GPA along with some other general points, the GPA is executed.
Now the executor of the GPA buys a property on 01.03.1974. through a registered sale deed in Thanjavur. He conveyed this property to a private trust in the year 1981 through a registered gift deed in the chennai registrar office. In the year 2002 he cancels the gift deed stating that conditions are not fulfilled according to the gift deed so the gift is not completed and so he cancelled the gift deed through a cancellation deed executed in thanjavur registrar office.
Then he sold that property to a third party in the year 2003.
In the past during 1974 using the GPA the power of attorney sold this property to various peoples through an unapproved layout.Furthur more he executed another GPA for him appointing another attorney to sell the above property on 28.02.1974 with the same wordings mentioned in the above GPA. For the past thirty years nobody created any enjoyment rights over that property.the purchaser on 2003 from the direct owner owned and possessed the land from the date of purchase along with revenue records, taxes and electrical connection.
NOW THE QUESTION IS: (1) DID THE SALES MADE BY THE GPA'S ARE VALID OR NOT?
(2) CAN THE GPA HAD ANY RIGHTS TO APPOINT ANOTHER ATTORNEY ACCORDING TO THE WORDINGS OF THE GPA MENTIONED ABOVE?
(3) THE PROPERTY IS PURCHASED ONLY ON 01.03.1974. THE GPA IS GIVEN ON 09.01.1974.AS PER THE GPA THE ATTORNEY CAN SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE O9.01.1974. DID HE HAD ANY RIGHT TO SELL THE PROPERTIES PURCHASED AFTER O9.01.1974?
(4) ACCORDING TO THE GPA WORDINGS THE ATTORNEY HAD RIGHTS TO PURCHASE PROPERTY IN THE NAME OF THE EXECUTOR AFTER 09.01.1974. AND SELL THE PROPERTIES OWNED BY THE EXECUTOR BEFORE 09.01.1974. IS IT TRUE AND VALID BEFORE LAW?
As the land values are increased the subsequent purchasers and land maffias getting these documents for a very low value and thretening the true purchasers to evacuate the land.many suits were filled in the courts by various peoples with regard to this. PLEAS KINDLY GIVE YOUR OPINION ACCORDING TO THE EYE OF LAW WITH POSSIBLE CITATIONS. Now all our previous vendors were died.
