ASOK KUMAR (Assistant Director) 16 May 2010

cancellation of General Power of Attroney

Dwelling Joint Hindu Family has 5 co-sharers ( two brother and three sisters), they jointly given general pwer of attroney to one person. Agent executes sale agreement with a person. On knowing this one co-sharer cancelled the general power of attroney and informed the agent in writing. Even after knowing this power cancellation by one co-sharer agent sold the property. Please tell

1. Legal fate of this sale deed and share of the co-sharer who cancelled the GPA.

2. Is it true that the compelte GPA stands cancelled when one co-sharer cancelled the GPA, as the prperty is undivided joint hindu family dwelling house?

S.Asok Kumar

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3 Replies

Dalip Kumar Chhabra (Advocate) 16 May 2010

Dear, Quarrey though ambiguous , it does not speaks the mode of cancellation, time of cancellation , whether any information given by cancelling Co.sharer to you prior to registeration of sale deed etc. etc. various points are required for complete answering . Yet I try my best to resolve it ..

Law is very clear about the GPA. It can be cancelled at any time but before it is acted upon by the Attorney. Since as per your quarry the Sale deed is executed by the GPA - before the GPA was cancelled by one of the co-sharer. It hardly makes any difference now , if it is cancelled after Registration of sale deed and without any prior intimation to you before registeration of sale deed.

Sale deed is complete with registrartion and carries presumption of validity and by delivery of possession -sale in all respect is complete under the law.