vipin (abc) 02 September 2012
Person X had given GPA over a property to person Y, GPA holder.
Person Y plays the dual role(buyer/seller) and buys the land. Person Y did this in September 2011, one month before the October supreme court ruling. Is it legal for GPA holder to play dual role? Is the sale deed executed by GPA holder void and illegal?
H. S. Thukral (Lawyer) 02 September 2012
SC judgment you have in mind does not bar authorised acts of a GPA holder. it is only that the transaction which is infact a sale has been made on the bsis ( by executing ) of a power of attorney /agreement to sell/ Will in favour of a buyer. If the land has been purchased on the basis of above said doucments and registered sale deed is not executed then it can not be considered as a sale in law. This position existed before the SC judgment.
vipin (abc) 02 September 2012
Can the GPA holder play dual role of buyer and seller in a sale deed?
Adv Archana Deshmukh (Practicing Advocate) 02 September 2012
No, he cannot. He can either represent the buyer or the seller.
vipin (abc) 02 September 2012
How can the defect be rectified?
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