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Anil Kishore   19 February 2018

Can GPA person transfer the land if land owner died suddenly..

good day,

my name is anil I would like to ask some suggestions for which we are facing now.. kindly assist me

my parents are retired government employees with the money they got from retirement they bought a small vacant land and after we are in plans of my sister's marriage my father wanted to liquidate the land whenever the price was high so one day we came to know that local political party person want to buy the land but the price was not good we said no. in this process my father came to know a mediator who was interested to sell for the commission.
so daily the mediator used to show the land for others and one day he said it is difficult for him to sell the land due to pressure from the politicians interest.we wanted money and my father asked him to sell as soon as possible.as the mediator have given a idea that to give GPA on his name so that he can sell fast. so my father has given.

1) the GPA was done in September my father went to Hyderabad for a month so he gave GPA to the mediator in good faith.
2) after going to hyderabad in one week my father got sick and expired on October 13th.
3) the mediator some how came to know and he transferred the land to his bother in law on 21st OCTOBER without our knowledge..
4) At the time I am doing my MBA in Chennai and it was a great shock for the family and it took time for us to notice this land transfer..
5) after enquiry we came to know that the mediator have given 1.75 lakhs to my father for the GPA so i said we pay the money with interest and asked to leave the land but the mediator is telling he is not willing to leave...
so please kindly suggest me what to do...


Learning

 5 Replies

Ms.Usha Kapoor (CEO)     19 February 2018

If the principal of power of Attorney dies in normal course the POA gets terminated and invalid. Howevere if it is irrevocable POA and the agent.//donee has interest in subject matter and for valuable consideration death of donor of POA does not terminate poa. yOUR CASE DOESN;'T SEEM TO FALL UNDER 2ND CATEGORY OR IT IS NOT IRREVOCABLE POA and the moment the donor your father dies the poa GETS INVALID.tHE MEDIATOR IS BOUND TO ACCEPT 1.75 LAKHS AND SURRENDER POSSESSION OF LAND BACK TO YOU AS YOUTR FATHER HAS EXPIRED AND POA   HAS NO LEGAL VALIDITY..aFTER ISSUING A LEGAL NOTICE TO POA file a case in civil court for your land in possession of POA who is no longer the agent of your father afterdeathof your father.You can file a suit  of injunctionif the POA interferes with your possession restrining the mediator from interfering your possession, mesne profits retc.The court msy ask you to deposit RS.1.75 lacs.in court.

1 Like

R.Ramachandran (Advocate)     19 February 2018

Please do not waste time. Approach a lawyer in your area who is well versed in property law, show all the documents in your hand, discuss the matter in detail and then take appropriate legal action as may be advised to you.

The more you will be wasting your time here and there, without discussing the matter with a lawyer, your problem will increase!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     19 February 2018

I agree with expert Shri Ramachandran. No point in trying to get some opinion here on the forum. Approach a good Lawyer and try to salvage the situation.

Whether the property value is near Rs. 1.70 lakhs on the date of GPA? This fact also may prove to be vital to the case.

Whether the fact of consideration of Rs. 1.75 lakhs is mentioned in the GPA? Whether the posession of the property given to him? Whether the title documents are given to the Mediator? If so the Mediator can argue that he paid the consideration and he was given GPA. Ultimately, the matter is litigated. Of course, by approaching the court with all relevant documents you can obtain a Stay Order. Final outcome (not known when it will come positively after a decade) cannot be forecast now.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     19 February 2018

If the property in question is worth much much more than the Rs. 1.70 lakhs the mediator paid your father, you may have a fairly good chance of winning it, coupled with the fact that the mediator alienated the property subsequent to the date of death of your Father. If the value of the property is around Rs. 1.70 lakhs, no point in going for a case now, since your father received full consideration and given rights of sale to another person. Unless we see the language used in the GPA, we may not come to the conclusion that whther the Mediator is right or wrong in selling/alienating the property subsequent to the date of death of your Father.

 

So, ultimately, entire matter needs a thorough scruitiny by a good Lawyer in your area/or in the area where the property is located. Better seek professional help rather than the quik fix solutions on the forum.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 February 2018

No property sale on power of attorney: Supreme Court

 

Property sales through the common practice of general power of attorney (GPA) will not give ownership title to the buyer.

 

In a landmark judgment that is expected to send a large number of property owners into a tizzy, the Supreme Court held that the GPA method of immovable property sales is not a valid form of transfer of property.


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